Compliance with criteria for inclusion in counseling and the need for a reasoned and speaking order in accordance with the law.

JUDGMENT

Vinit Kumar Mathur, J. - The present writ petition is filed by the petitioner with the following prayers:-

'i.The Petitioner may be permitted to undertake B.Sc. Nursing course for the academic session 2019-20 and the name of the Petitioner may be included in all the rounds of counseling;

ii. The Respondent authorities may kindly be directed to include the Petitioner institution in the list of institutions eligible and allowed to take admission of students for B.SC. (N) Course for the academic session 2019-20;

iii. That the Petitioner institution be declared to be entitled to take admission of students for B.Sc. (Nursing) course for the session 2019-20;

iv. The Respondents may also be directed to allow the students of the Petitioner institute to undertake examination for batch admitted in academic session 2019-20;

v. any other appropriate relief which this Hon'ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the Petitioner.'

2. Learned counsel for the petitioner submits that in the light of the interim order passed by this Court on 14.11.2019, the students were admitted and they have almost completed their courses. He further submits that the present writ petition was filed for including the name of the petitioner in the counseling for the academic session 2019-20 as the debarment of the petitioner-Institute was on account of the fact that one aCD case was filed against the petitioner-Institute and, therefore, the petitioner-Institute was not listed for counseling. Learned counsel further submits that during the pendency of the present writ petition, the negative final report has been filed against the petitioner-Institute and, therefore, the impediment of the pendency of the aCD case no more survives against it.

3. Per contra, learned counsel for the respondents submit that the petitioner-Institute has not complied with the conditions i.e. of filing the application, approaching the respondents by depositing the fees, etc., therefore, respondents were well within their rights not to include the name of the petitioner-Institute in the list for counseling.

4. I have considered the submissions made at the Bar and gone through the requisite documents of the writ petition.

5. It is noted that neither the respondents have passed any formal order for debarring the petitioner from counseling nor any reasons have been mentioned pointing out the infirmities for non-inclusion of the petitioner-Institute in counseling.

6. In these circumstances, the present writ petition is disposed of with a direction to the petitioner to approach the respondents afresh by way of filing the appropriate application in accordance with the rules. The application/representation will be submitted by the petitioner within a period of two weeks from today. If the said application/representation is filed within the stipulated period, the respondents shall consider and decide the same within a period of six weeks from the date of receipt of the same by passing a speaking order.

7. It is made clear that if the petitioner-Institute does not fulfill the criteria laid down in the Rules for undertaking the courses, then the respondents will pass a reasoned and speaking order strictly in accordance with law.

8. The interim order passed by this Court on 14.11.2019 is made absolute.

9. It is further made clear that if any amount is due to the petitioner for the preceding years, the same will be informed by the respondents to the petitioner-Institute who will deposit the same, if the same has not been deposited.