The court emphasized the importance of compliance with the Haryana Private University Act 2006, highlighting the prohibition on affiliating or opening off-shore campuses outside the state and the requirement for the sponsoring body to possess land and financial resources.

JUDGMENT

Anil Kshetarpal, J. - The Courts are expected to do substantive justice while making efforts to require the authorities, tribunals & quasi judicial tribunals to follow the procedure laid down. However, insistence to follow procedural law cannot be at the cost of substantive justice. More particularly, the Constitutional Courts are expected to lean towards doing justice in the real sense while making sincere endeavour to follow the procedural law. However, the procedural law cannot be applied in a manner which defeats/delays the substantive justice. Most of the time, the justice delayed results in justice denied. Hence, all the authorities including the Courts and quasi-judicial tribunals are expected to make their sincere endeavour to do the substantive justice in an expeditious manner.

2. In the considered opinion of the bench, the following question need adjudication:-

(i) Whether Section 10 of the Haryana Private University Act 2006 debars the university established under it from expanding its activities beyond the borders of the Haryana State?

(ii) If only one view is possible, whether still it is mandatory for the court to set aside an order passed in infraction of the principles of natural justice?

3. This writ petition has been filed by the following three petitioners:-

(i). PDM Religious & Educational Association, having its Registered Office at Sector 3-A, Sarai Aurangabad, Bhadurgarh, District Jhajjar, Haryana, through its Authorized Person-Mrs. Bimla Singh, aged about 55 years.

(ii). P.D.Memorial Trust, having its Regd. Office at D-5/2, Sector 15, Rohini, Near Manav Chowk, New Delhi- 110089 and having its Admin Office at PDM Campus, Sector 3-A, Sarai Aurangabad, Bhadurgarh, District Jhajjar, Haryana, through Mr. J.S.Lather, on behalf of petitioner no.2.

(iii). PDM University, Sector 3-A, Sarai Aurangabad, Bhadurgarh, District Jhajjar-124507, Haryana, through its Chief Executive Officer.

4. Through this writ petition, the petitioners pray for the following substantive reliefs:-

(i) Issue a writ in the nature of Certiorari for quashing the impugned communication/ order dated 17.03.2021 (Annexure P-1) issued by Respondent no.2 whereby the permission dated 16.05.2019 (Annexure P-26) & Permission dated 09.10.2019 (Annexure P-29) permitting to change the Sponsoring Body of Petitioner No.3-PDM University from Petitioner No.1-P.D.Memorial Religious & Educational Association to petitioner no.2 P.D.Memorial Trust has been withdrawn by way of a totally non-speaking impugned communication/order dated 17.03.2021 (Annexure P-1), issued/passed without assigning any reasons for issuance of the impugned withdrawal letter and also without providing any opportunity of hearing to the petitioners and without considering the detailed replies/documents on record, and also ignoring the permission to seek the change of the sponsoring body from a Society registered in Haryana to Trust having All India jurisdiction was sought only to expand the activities of the University beyond the State of Haryana and also to avoid the confusions in the operational and interpretational issues regarding applicability of Haryana registration & Regulation of Societies Act, 2012 in view of repeal of the Societies Registration Act, 1860, in the State of Haryana, thus, the entire proceedings at the hands of Respondent No.2 being unconstitutional, manifestly unjust, arbitrary, devoid of principles of natural justice and fairness, in violation of audi alteram partem, and violative of the Constitutional guarantees under Constitution of India;

(ii) To issue a writ in the nature of Mandamus for issuing appropriate directions to Respondent No.1 and 2 to restore the Approval letter and 9.10.2019 whereby the permission to change the sponsoring body of Petitioner No.3- PDM University from Petitioner No.1 P.D Memorial Religious & Educational Association to Petitioner No.2- P.D.Memorial Trust had been approved with all the conditions prescribed therein.

(iii) To restrain