Ram Mohan Roy R.m.r. Seminary v. Union Of India Through Secretary Department Of Home Govt. Of India and Ors.

Patna HC13 Sept 2012CWJC/17002/2012

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging the withdrawal of NCC accreditation. Relying on a prior High Court order requiring an appointee of NCC (ANO), the Court directed the petitioner to approach the Directorate for re-accreditation if the underlying suspension notice is reviewed, considering the application within two months.

What the court decided

AI extract

Ram Mohan Roy R.m.r. Seminary Vs Union Of India… — Education and Admissions | Patna HC (2012)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17002 of 2012

¶2

====================================================== Ram Mohan Roy ( R.M.R.) Seminary +2, (Plus Two), School, Khazanchi Road, P.S. Pirbahor, District- Patna through its Principal, Shri Sukrit Saha .... .... Petitioner Versus 1. Union Of India, through Secretary, Department of Home, Govt. of India, New Delhi. 2. Secretary, Department of Home, Union of India, New Delhi. 3. The Director General, NCC, West Block-IV, R.K.Puram, New Delhi110066 4. Commanding officer, 1, Bihar Arty Regt., NCC, NCC, Bhawan, Rajendra Nagar, Patna-800016 Bihar. 5. Group Commander, NCC, Bhawan, Rajendra Nagar, Patna-800016 (Bihar). 6. The Deputy Director General, Bihar and Jharkhand, NCC, Directorate, CDA, Building, Rajendra Path, Patna-800019 Bihar 7. Joint Director, Bihar and Jharkhand, NCC, Directorate, Rajendra Path, Patna- 800019, Bihar. 8. The Training Officer, NCC, Group Headquarters, Rajendra Nagar, Patna800016 Bihar. 9. The Secretary, Department of Art, Culture & Youth Affairs, Govt. of Bihar, Patna- 800016 Bihar. .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Anshuman Singh, Advocate. For the Respondents : A.A.G.-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 2 13-09-2012 Heard learned counsel for the petitioner and the State. 2. Petitioner is the Principal of Ram Mohan Roy Seminary School, Patna. He has filed this writ petition questioning the validity of the order contained in Letter No. 930-34 dated 20.6.2012, Annexure- 14, whereunder N.C.C. accredition of the school has been withdrawn in the light of earlier notice-1 dated 18.11.2011 placing the school under suspended animation.

¶3

Patna High Court CWJC No.17002 of 2012 (2) dt.13-09-2012

¶4

¶5

Aforesaid notice was challenged by the petitioner in C.W.J.C. No. 2651/2012 which was disposed of under orders dated 30.3.2012 observing as follows :-

¶6

“In the circumstances it is obligatory on the part of the respondents to review the situation and the matter can only be resolved, if the Principal/Head Master takes action and appoints a responsible person as ANO for the school, who would participate and cooperate with the trainees and the Parade Incharge, so that proper training is imparted to the trainees who wish to participate and be trained as NCC cadets.

¶7

In the circumstances I direct the petitioner to first appoint responsible person as ANO of the school and thereafter inform the said respondent. The respondent on receipt of the necessary information should send Parade Incharge to the school and if he is satisfied that there is genuine need to continue the NCC programme, the matter may be reviewed after 45 days as mentioned in Annexure-5. Needless to say that the respondents would have the liberty to review the NCC programme imparted to the students from time to time. No institution can take advantage only to the extent of gaining financial benefit, out of the programme without ensuring that the programme is followed, so that the students can benefit from the NCC training imparted to

¶8

Patna High Court CWJC No.17002 of 2012 (2) dt.13-09-2012

¶9

¶10

them”.

¶11

The impugned order has been passed in the light of the observations of the High Court quoted above although no reference of the High Courts order has been given in the impugned order but close perusal thereof makes it abundantly clear that the same has been passed in the light of the High Court order.

¶12

It is submitted by the counsel for the petitioner that aforesaid order of the High Court is under review vide Civil Review No. 252/2012 (Krishna Narayan Bhattacharya Vs. Union of India and others).

¶13

Having heard counsel for the petitioner and the Union of India, I dispose of this writ petition observing that in case the review petition is allowed and the notice dated 18.11.2011 is either withdrawn or suitably modified, petitioner shall be at liberty to approach the Directorate with a request to either continue old accredition or to grant the accredition afresh, which shall be considered within a reasonable time not exceeding two months from the date of receipt of the request from the school.

¶14

(V.N. Sinha, J)

¶15

P.K.P.

Ram Mohan Roy R.m.r. Seminary v. Union Of India Through Secretary Department Of Home Govt. Of India and Ors.

Case brief

What is this about?

What the court decided

Ram Mohan Roy R.m.r. Seminary v. Union Of India Through Secretary Department Of Home Govt. Of India and Ors.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Shri Prem Ranjan Patel Vs the State of Bihar and Ors.

Pyare Bind Vs The State Of Bihar and Ors.

Sugapati Devi Vs The State Of Bihar and Ors.

Kanti Sinha Vs the State of Bihar and Ors.

Achaibat Sah Vs The Administrator, Bihar Housing Co-operative Fedration Ltd.

Ajay Chaudhary Vs The State Of Bihar and Ors.