The court upheld that procedural fairness requires that only the grounds provided in the initial rejection of an application can be used in subsequent evaluations, ensuring institutions are allowed an opportunity to comply with all requirements.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)--Appellant impugns order dated 22.12.2022, whereby the writ petition of the appellant was adjourned for further hearing to 23.01.2023.

2. Learned counsel for appellant contends that the last date for admission for the academic session 2022-23 is 30.12.2022 and in case the matter is adjourned to 23.01.2023, the petition would become infructuous.

3. Notice in the appeal was issued on 26.12.2022, when, after a detailed hearing and a detailed order, respondents were directed to file an affidavit. Original affidavit has been handed over in Court today on account of paucity of time. The same is taken on record.

4. Since the time is short, with the consent of parties, the Appeal as well as the Writ Petition is taken up for final disposal by this Court.

5. Appellant had filed the subject writ petition seeking quashing of the decision taken by the respondent in its 381st Executive Committee Meeting held on 11.11.2022 and sought a direction to respondents to grant approval to the petitioner for B. Pharm course from academic session 2022-23.

6. Appellant claims to be an unaided and a self-financing institution registered as a society/trust for imparting educational courses. Appellant had applied for approval for conduct of D. Pharm course with an intake of 60 seats from the academic session 2019-20, approval for which has been granted and is running a D. Pharm course since 2019. For the academic session 2022-23, appellant submitted an application seeking extension of the approval already granted and further sought a fresh approval for conduct of B. Pharm course from the academic session 2022-23. Appellant submitted the requisite application for inspection of the institution as also the documents of necessary compliances.

7. In the decision of the 363rd Executive Committee Meeting held on 01.06.2022 and 02.06.2022, the Respondent considered the applications submitted by various institutions, post the inspection being carried out by the inspection team. In respect of the appellant, the following decision was taken:

"131.1 D. Pharm

8. Decision was taken by the Executive Committee to extend the approval already granted for D. Pharm course for the for the academic session 2022-23 also.

9. With regard to the fresh approval sought for the B. Pharm course, the Committee decided to reject the application solely on the ground the that the institution had failed to submit the No Objection Certificate (NOC) of the State Government.

10. Pursuant to the decision being uploaded on the website, the appellant immediately on 02.08.2022, protested the rejection stating that the NOC of the State Government had been submitted at the time of inspection by the inspection team on 21.03.2022. NOC received from the State Government dated 30.12.2021 has been annexed and is also stated to have been submitted to the respondent alongwith the letter dated 02.08.2022.

11. Though there is no statutory appeal provided either by the Statute or by the Regulations, the respondents have adopted a mechanism of granting an opportunity of appeal/compliances to the institutes which are aggrieved by the decision of the Executive Committee. The objections th