Non-joinder of necessary parties can lead to the dismissal of a writ petition and hinder the effective adjudication of the matter.

JUDGMENT

Pushpendra Singh Bhati, J. - In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

2. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

"i) By an appropriate writ, order or direction, the communication and order dated 28th April, 2019 (Annex-11) passed by the respondent university may kindly be declared illegal and be quashed and set aside.

ii) By an appropriate writ, order or direction, the respondents be directed to permit the petitioner to run the Diploma Course in Pharmacy which is being run by the petitioner since 2005 being a constituent unit of the respondent Deemed University.

iii) By an appropriate writ, order or direction, the respondent university be directed to permit the petitioner to hold the examination for the first year for the Academic Session 2018-19 and after completion of Second Year Course for the Academic Session 2017-18, which is to be conducted forthwith and to approve the admission of 60 students, which have been admitted for the academic session beginning from 2019-20.

iv) Any other appropriate order or direction which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners.

v) Costs of the writ petition may kindly be awarded to the petitioners."

3. Learned counsel for the petitioners submitted that the petitioner No.1 is a registered private Trust constituted for the purpose of promoting technical and higher education. Learned counsel further submitted that the petitioner No.2, being run by the said Trust, is a constituent College of the respondent-Institute of Advance Studies in Education (IASE) (Deemed to be University), Sardarshahar.

4. The bone of contention in the present case is a Diploma Course in Pharmacy being run by the petitioner-College, for which, as per learned counsel for the petitioners, the approval had already been granted by the Pharmacy Council of India to the petitioner-College to run the said Course through the Deemed to be University.

5. Learned counsel for the petitioners also submitted that however, a communication was sent by the respondent-Deemed to be University in the year 2019 to the effect that it has to be clarified whether the Deemed to be University is entitled to conduct Diploma Courses in Pharmacy through a constituent College in a Distance Education Mode.

6. Learned counsel for the petitioners has referred to the order dated 22.01.2018 passed by the Hon'ble Supreme Court in the case of Orissa Lift Irrigation Corp. Ltd. Vs. Rabi Sankar Patro & Ors. [M.A. Nos.1795-1796 of 2017 (seeking clarification and modification of the directions issued in the judgment rendered on 03.11.2017) in Civil Appeals No.17869-17870 of 2017] to contend that the judgment delivered by the Hon'ble Supreme Court in the said case on 03.11.2017 is not applicable insofar as the Diploma Courses run through the Deemed to be University are concerned.

7. Learned counsel for the petitioners further submitted that the petitioner-College ought to be permitted by the respondent to run the Diploma Course in Pharmacy.

8. This Court enquired from the learned counsel for the petitioners as to what was the stand of the University Grants Commission (UGC) as well as the Pharmacy Council of India (PCI), as they were the approving authorities, which need to conform the power of a Deemed to be University to permit a constituent College to conduct a Course through the Distance Education Mode. Learned counsel for the petitioners however, submitted that the UGC and the PCI were not the necessary parties.

9. On the other hand, learned counsel for the respondent-Deemed to be University, submitted that the respondent being a Deemed to be University is bound to follow the guidelines/norms laid down by the UGC in its true letter and spirit. Learned counsel also submitted that in view of the judgment rendered on 03.11.2017 by