Back
2019 Supreme(Del) 1517
IN THE HIGH COURT OF DELHI
Anu Malhotra, J.
New Millennium Education Society & Another - Petitioners
Versus
Guru Gobind Singh Indraprastha University & Another - Respondents
WP (C). 8175 of 2019 & CM. APPL. No. 33856 of 2019, CM APPL. No. 34372 of 2019
Decided On : 01-08-2019
For the Petitioners:H.S. Phoolka, Sr. Advocate, Deepak Vohra, Shilpa Dewan, Advocates
For the Respondents:Ekta Sikri, Jasbir Bidhuri, Shashwat Sharma, Anuj Aggarwal, Atul Goyal, Advocates
The court considered building regulations and fire safety requirements in permitting the provisional increase in intake seats for the B.A.LLB Integrated Course.
Headnote:
FAR - Educational Building - Regulation 8 (5)(d) - Use of Basement - Unified Building Bye-laws for Delhi, 2016 - MPD 2021 - NOC Policy Guidelines - Fire Safety Certificate - Delhi Fire Service - WP (C) 7329/2018 - CM APPL.33856/2019 - WP (C) 8175/2019 & CM APPL.34372/2019
Fact of the Case:
The petitioner sought an increase in the intake of seats for the B.A.LLB Integrated Course, which was reduced by the respondent despite recommendations. The respondent cited space deficiency as the reason for the reduction.
Finding of the Court:
The court permitted the petitioner to undertake counseling for 110 seats instead of 85 seats as a provisional measure, subject to the outcome of the present petition. The matter was renotified for effective adjudication, and court notices were issued to relevant authorities for further information.
Issues: Reduction of intake seats for the B.A.LLB Integrated Course, compliance with building regulations, and fire safety requirements.
Ratio Decidendi: The court considered the space requirement, building regulations, and fire safety certificate in permitting the provisional increase in intake seats.
Final Decision: CM APPL.33856/2019 is disposed of, and WP (C) 8175/2019 & CM APPL.34372/2019 are renotified for further adjudication.
JUDGMENT :
CM APPL.33856/2019
1. The petitioner no.1 New Millennium Education Society is the founder of the petitioner no.2/ Ideal Institute of Management & Technology, a private self-financing college which imparts education in various courses including the B.A.LLB Integrated Course of five years duration, seeks that for the academic year 2019-20, it be allowed an intake of 110 seats as had already been granted to it from the year 2014 onwards, which was sought to be reduced by the respondent no.1/ Guru Gobind Singh Indraprastha University to 85 seats despite the recommendation of the JAC for grant of 110 seats, which reduction was assailed by the petitioners in WP (C) 7329/2019 and vide order dated 18.07.2018 qua CM APPL.227951/2018 in facts pari materia, the respondent no.1 herein which was also the respondent no.1 in that writ petition was directed to include the additional 25 seats in the name of the petitioner’s institute provisionally subject to outcome of the said writ and the petitioners submit that in as much as WP (C) 7329/2018 is still pending adjudication, the respondent no.1 could not have reduced the intake of the petitioner from 110 seats to 85 seats for the B.A. LLB. five year course for the academic year 2019-20.
2. It has been submitted on behalf of the respondent no.1 by learned counsel whilst placing on record a compilation of the documents to the effect that the Appellate Committee of the respondent no.1 had on 15.07.2019 examined the representation of the petitioner and observed as follows:
“The institute has requested for continuation of the intake of 110 seats in BA LLB (Integrated) as was allowed during the Academic Year 2018-19. During the year 2018-19 the institute was allowed intake of 85 sets in the first instance against which the Hon’ble High Court of Delhi vide its order dated 19.07.2018 allowed provisional additional admission of 25 seats for the Academic Year 2018-19. The original reduction of seats during the Academic Year 2018-19 was an account of insufficient space for the said programme considering the availability of total space and number of other programmes. Sh. T P S Rathore appeared in person to present their case and submitted that as per the notification dated 22.05.2016 the institute can be allowed permissible FAR 225 and that there is no violation of any sought whatsoever in their institute. It was informed by the Sh. T P S Rathore that they even had obtained fire clearance from Delhi Fire Service regarding usage of basement. On clarification it was informed that the basement is shown as parking area in their sanctioned plan and that they had not made any application to the sanctioning authority for approval of the revise sanctioned plan, whereby the basement could be considered as part of overall FAR. They only relied on the notification dated 22.05.2016 of the DDA but had not followed it up with a proper application to the DDA. Moreover, the relief granted to the institute by Hon’ble High Court vide its order dated 18.07.2018 was an interim order and was only for the Academic Year 2018-19.
In view of the above, appeal of the institute is disallowed.”
3. It has been submitted by the respondent no.1 thus that in as much as the report of the Joint Assessment Committee, Department of Higher Education, Government of NCT of Delhi and of the respondent no.1 dated 28.05.2019 indicated that the recommended intake was 85 seats for five years in as much as there was a deficiency in the space required for all programmes/ intake being conducted by the petitioner in the form of BBA (3 years), BBA- 2nd Shift (3 years), BBA (CAM) (3 years), BBA (CAM)- 2nd Shift (3 years) and the BA. LLB (5 years) course, the course in question, the space requirement was 3251.25 sq. mtrs. excluding the basement with the space available with the petitioner being 2095 sq. mtrs., and that in view of the space crunch, the University had considered it appropriate to decline the additional intake of 85 seats which for the
