2022 Supreme(Del) 1906

IN THE HIGH COURT OF DELHI AT NEW DELHI
Chandra Dhari Singh, J.
New Millennium Education Society & Anr. - Appellants
Versus
Guru Gobind Singh Indraprastha University & Anr. - Respondents
W.P.(C) 7329 of 2018 & CM Appl. 33620 of 2022 W.P.(C) 8175 of 2019 & CM Appl. 33616 of 2022 W.P.(C) 8817 of 2020, CM Appl. 28358 of 2020 & CM Appl. 33617 of 2022 W.P.(C) 8862 of 2021, CM Appl. 27546 of 2021 & CM Appl. 33619 of 2022 W.P.(C) 10630 of 2022, CM Appl. 30830 of 2022 & CM Appl. 34427 of 2022
Decided On : 16-09-2022

THE BASEMENT AREA CAN BE INCLUDED IN THE FAR ONLY WHEN THE SAME IS USED FOR THE ACTIVITY FOR WHICH THE NECESSARY SANCTIONS AND CLEARANCES HAVE BEEN TAKEN FROM THE CONCERNED AUTHORITIES.

Headnote:

BA LLB - ALLOCATION OF SEATS - BASEMENT AREA - FAR - FIRE SAFETY REQUIREMENTS - COMMERCIALIZATION OF EDUCATION - [SECTION 7.23.2, 8(5)(d) OF UBBL-2016, CLAUSE 2.1 OF 'USE OF BASEMENT' POLICY GUIDELINES OF GOVERNMENT OF NCT OF DELHI DDA NOTIFICATION DATED 12.01.2016, CLAUSE 1.1(III)(H) OF THE POLICY GUIDELINES ISSUED BY THE GOVT. OF NCT OF DELHI, ORDINANCE 1, STATUTE 24(3)(II)(B) OF THE RESPONDENT UNIVERSITY] - THE COURT HELD THAT THE BASEMENT AREA CAN BE INCLUDED IN THE FAR ONLY WHEN THE SAME IS USED FOR THE ACTIVITY FOR WHICH THE NECESSARY SANCTIONS AND CLEARANCES HAVE BEEN TAKEN FROM THE CONCERNED AUTHORITIES. THE COURT FURTHER HELD THAT THE PETITIONER INSTITUTE IS ELIGIBLE TO USE THE BASEMENT ONLY FOR THE PURPOSE OF CAR PARKING UNTIL ITS PROPOSED BUILDING PLAN IS SANCTIONED AND FIRE SAFETY CERTIFICATE IS GRANTED BY THE JAC. THE COURT ALSO HELD THAT THE COMMERCIALIZATION OF EDUCATION ESPECIALLY THAT OF LEGAL EDUCATION WHILE IMPERILLING THE QUALITATIVE IMPARTING OF EDUCATION MUST BE DERIDED AND FROWNED UPON.

Fact of the Case:

THE PETITIONERS, AN EDUCATIONAL INSTITUTE, FILED A WRIT PETITION SEEKING DIRECTIONS TO THE RESPONDENT UNIVERSITY TO ALLOCATE 110 SEATS (25 SEATS IN ADDITION TO 85 SEATS) WITH RESPECT TO BA LLB FIVE YEARS' INTEGRATED COURSE, FOR VARIOUS ACADEMIC SESSIONS. THE PETITIONERS CONTENDED THAT THEY HAD BEEN GRANTED APPROVAL OF AFFILIATION BY THE BAR COUNCIL OF INDIA (BCI) FOR 120 SEATS SINCE THE ACADEMIC SESSION 2014-15 AND THAT THEY HAD BEEN PERMITTED BY THIS COURT TO HAVE AN INTAKE OF 110 STUDENTS TILL THE ACADEMIC SESSION OF 2021-22. THE PETITIONERS FURTHER CONTENDED THAT THEY HAD SUFFICIENT SPACE TO ACCOMMODATE 110 STUDENTS, INCLUDING THE BASEMENT AREA, WHICH WAS BEING USED FOR MULTI ACTIVITY HALL, CONFERENCE ROOM AND DIRECTOR'S OFFICE. THE RESPONDENTS, ON THE OTHER HAND, CONTENDED THAT THE PETITIONERS DID NOT HAVE ADEQUATE SPACE TO ACCOMMODATE 110 STUDENTS, AS PER THE APPROVED/SANCTIONED BUILDING PLAN OF THE PREMISES AS SANCTIONED BY THE DDA, AND THAT THE BASEMENT AREA COULD NOT BE INCLUDED IN THE FAR AS IT WAS NOT COUNTED IN FAR NOR WAS THERE APPROVAL FROM THE FIRE AUTHORITIES AND OTHER STATUTORY BODIES FOR USE OF BASEMENT IN CONFORMITY WITH THE USE PREMISES I.E., EDUCATION/ ACADEMIC PURPOSES.

Finding of the Court:

THE COURT HELD THAT THE PETITIONERS WERE NOT ENTITLED TO THE ADDITIONAL SEATS AS THEY DID NOT HAVE THE REQUISITE FAR FOR AN ADDITIONAL INTAKE OF 25 STUDENTS IN THE SAID COURSE. THE COURT FURTHER HELD THAT THE BASEMENT AREA COULD NOT BE INCLUDED IN THE FAR AS IT WAS NOT BEING USED FOR THE ACTIVITY FOR WHICH THE NECESSARY SANCTIONS AND CLEARANCES HAD BEEN TAKEN FROM THE CONCERNED AUTHORITIES. THE COURT ALSO HELD THAT THE PETITIONERS WERE ELIGIBLE TO USE THE BASEMENT ONLY FOR THE PURPOSE OF CAR PARKING UNTIL ITS PROPOSED BUILDING PLAN WAS SANCTIONED AND FIRE SAFETY CERTIFICATE WAS GRANTED BY THE JAC.

Issues: 1. WHETHER THE BASEMENT AREA CAN BE INCLUDED IN THE FAR FOR THE PURPOSE OF ALLOCATING SEATS IN AN EDUCATIONAL INSTITUTION? 2. WHETHER THE PETITIONERS HAD SUFFICIENT SPACE TO ACCOMMODATE 110 STUDENTS, INCLUDING THE BASEMENT AREA? 3. WHETHER THE RESPONDENTS WERE JUSTIFIED IN DENYING THE PETITIONERS' REQUEST FOR ADDITIONAL SEATS?

Ratio Decidendi: THE COURT HELD THAT THE BASEMENT AREA CAN BE INCLUDED IN THE FAR ONLY WHEN THE SAME IS USED FOR THE ACTIVITY FOR WHICH THE NECESSARY SANCTIONS AND CLEARANCES HAVE BEEN TAKEN FROM THE CONCERNED AUTHORITIES. THE COURT FURTHER HELD THAT THE PETITIONERS WERE NOT ENTITLED TO THE ADDITIONAL SEATS AS THEY DID NOT HAVE THE REQUISITE FAR FOR AN ADDITIONAL INTAKE OF 25 STUDENTS IN THE SAID COURSE. THE COURT ALSO HELD THAT THE BASEMENT AREA COULD NOT BE INCLUDED IN THE FAR AS IT WAS NOT BEING USED FOR THE ACTIVITY FOR WHICH THE NECESSARY SANCTIONS AND CLEARANCES HAD BEEN TAKEN FROM THE CONCERNED AUTHORITIES. THE COURT ALSO HELD THAT THE PETITIONERS WERE ELIGIBLE TO USE THE BASEMENT ONLY FOR THE PURPOSE OF CAR PARKING UNTIL ITS PROPOSED BUILDING PLAN WAS SANCTIONED AND FIRE SAFETY CERTIFICATE WAS GRANTED BY THE JAC.

Final Decision: THE COURT DISMISSED THE PETITIONERS' WRIT PETITION AND DIRECTED THEM TO ADMIT ONLY 85 STUDENTS IN THE BA LLB COURSE FOR THE ACADEMIC SESSION 2022-23.