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2008 Supreme(Del) 90

IN THE HIGH COURT OF DELHI
Gita Mittal, J.
Tek Chand Singh Memorial Siksha Samiti - Appellants
Vs.
Govt. of NCT of Delhi and Ors. - Respondent
Writ Petition (Civil) No. 9259/2004
Decided On: 29.01.2008

Advocates appeared:
For Appellant/Petitioner/Plaintiff: Abhishek Atrey, Adv.
For Respondents/Defendant:Iram Majid, Adv. for Zubeda Begum, Adv. for the Respondent Nos. 1 and 2 and Sanjiv Goel and S.C. Pant, Advs. for Respondent No.

Headnote:Constitution of India, 1950 Article 226 - Writ petition seeking a direction to revalidate a no objection certificate for commencement of the B.Sc. (MLT) course - Residential premises can be utilised for a purpose permissible by law alone - Law permits only a limited user of the basement Proposal to run an institution in premises which are truncated inasmuch as the same would form part of two separate residential premises - Petitioner not in a position to provide adequate laboratory or playground facilities which are essential for running an institution - Direction or permission to run an institute in a residential house in conflict with the prescribed statutory prohibitions under the :Delhi Development Act 1957, the Delhi Municipal Corporation Act, 1957 and the Building Bye laws framed thereunder - Held that petitioner is not entitled to any relief.

       

JUDGMENT

Gita Mittal, J.

.1. This writ petition has been filed by the petitioner seeking a direction to the respondent No. 2 to revalidate a no objection certificate dated 28th May, 2003 for commencement of the B.Sc. (MLT) course for the academic session 2004-2005 and a direction to the Guru Gobind Singh Inderprastha University, respondent No. 3 herein, to grant affiliation to the petitioner to run a B.Sc.(MLT) programme for the same session in terms of its letter dated 27th January, 2004 and compensation. The petitioner, a society registered under the Societies Registration Act, 2002 on 16th December, 2002, is claimed to be consisting of a group of qualified medical practitioners and educationists. Pursuant to a press release issued by the Government of NCT of Delhi in October/November 2002 with regard to issuance of no objection certificate for commencement of courses including para medical courses by new institutes for the academic session 2003-2004, the petitioner submitted three applications for commencement of an institution in the name and style of the Millennium Institute of Technology and Para Medical Sciences. By these three applications the petitioners sought appropriate approvals for commencement of a degree course in Physiotherapy, a degree course in Insurance and Finance management by an application dated 2nd January, 2003 and a degree course of Medical Laboratory Technicians (MLT) vide an application of 22nd January, 2003.

2. The petitioners submission is that in order to avoid administrative inconvenience the Government had directed that a joint team of the Directorate of Higher Education respondent No. 2 herein, and the concerned university-respondent No. 3 herein, would be formed and an inspection would be jointly done by them for the purposes of a no objection certificate and the affiliation of the university.

.3. After a close inspection of the petitioners institute, and upon satisfaction with regard to all compliances by the petitioner, the Government of NCT of Delhi issued a no objection certificate dated 28th May, 2003 to the petitioner for running the course of Bachelor degree in Medical Laboratory Technology (B.Sc.(MLT) for short) for the academic year 2003-2004 with an intake of 40 seats. This no objection certificate was however conditional and imposed the following mandatory conditions upon the petitioner:

1. The NOC is for the academic session 2003-04 with an intake of 40 seats during which you are required to make permanent arrangement of running the institution.

2. The institute should have necessary laboratories, equipments and furniture etc., before the commencement of session.

3. The institution should also have qualified and eligible faculty before the commencement of session.

4. The institute shall have academic and infrastructure facility as per norms.

.4. In addition to the above, an application for affiliation was submitted by the petitioner on 2nd June, 2003 to the respondent No. 3. The petitioner also submitted all compliances including deposit of the prescribed fee with lists of equipments, bills, teaching aids, funds available to it etc. However despite the intimation to the petitioner by the respondent No. 3 Vide a communication dated 9th June, 2003, the respondent No. 3 called upon the petitioner to make a brief presentation with regard to its institute. Despite the petitioner fulfillling all requirements, its request for grant of the affiliation has not been granted by respondent No. 3 till date.

5. The petitioner has submitted that based on the no objection certificate granted by the respondent No. 2 the petitioner has incurred expenditure of several lakhs of rupees to make available the requisite equipment and facilities. It has also been submitted that the schedule for consideration of the petitioners application was fixed on 13th June, 2003, yet the application was not being considered.

6. In this background, the petitioner was constrained to file a writ petition bearing No. 87






























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