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2014 Supreme(MP) 865
MADHYA PRADESH HIGH COURT AT INDORE BENCH
Shantanu Kemkar, Jarat Kumar Jain, JJ.
Shri Guru Govind Singh College Thru. Karan Bhatiya - Appellant
Versus
State of Madhya Pradesh - Respondent
Writ Petition No.2458-2014
Decided On : 21-04-2014
For the Petitioner:Akash Sharma, Advocate.
For the Respondent:Advocate General, Ms. Mini Ravindran, learned Deputy Government, Shri R.S. Garg, learned counsel for the respondent No.2.
The court upheld the legality of the respondents' action in treating the amount deposited for affiliation for the next academic session, despite the delay in depositing the affiliation fees.
Headnote:
affiliation fees - College inspection - The court found that the action of the respondents in treating the amount deposited in December 2013 for the affiliation for the next academic session was not illegal, and directed the University to conduct the inspection expeditiously.
Fact of the Case:
The petitioner's College did not deposit the affiliation fees in July 2013, leading to an order for inspection by the second respondent for the purposes of affiliation for the next academic session.
Finding of the Court:
The court directed the respondent No.2- University to conduct the inspection as expeditiously as possible so that the petitioner-College can admit the students in accordance with law for the ensuing academic session.
Issues:
Ratio Decidendi: The action of the respondents in treating the amount deposited in December 2013 for the affiliation for the next academic session was found not to be illegal.
Final Decision: The writ petition stands disposed of with the direction for the University to conduct the inspection expeditiously.
Judgment:
At the outset, it has been pointed out by the learned counsel appearing for the petitioner and the 2nd respondent that the second respondent has ordered for inspection of the petitioner's College for the purposes of affiliation for the next academic session as the petitioner did not deposit the affiliation fees within time for the previous year.
2. Admittedly, the petitioner's College did not deposit the affiliation fees in July 2013. In the circumstances, the action of the respondents in treating the amount which has been deposited in the month of December 2013 for the affiliation for the next academic session cannot be said to be illegal.
3. As a result, we dispose of this petition by directing the respondent No.2- University to conduct the inspection as expeditiously as possible so that the petitioner-College can admit the students in accordance with law for the ensuing academic session.
4. With the aforesaid direction, this writ petition stands disposed of.
Cc as per rules.
