Disposed

Smt. Panadevi Rameshwar Lal Sharma Law College v. Dr. Bhim Rao Ambedkar Law University

Rajasthan HC18 Apr 2023CW/1984/2023

Case brief

AI extract

What is this about?

This order disposes of connected writ petitions regarding law college affiliation without independent scrutiny. The court follows a coordinate bench judgment and directs respondents to adhere to conditions specified in another referenced judgment concerning affiliation timelines.

What did the court decide?

Petitions disposed of following coordinate bench judgment; respondents directed to comply with conditions in referenced judgment within one month.

Smt. Panadevi Rameshwar Lal Sharma Law College Vs… — Education and Admissions | Rajasthan HC (2023)

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[2023/RJJP/006975]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 1984/2023

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Smt. Panadevi Rameshwar Lal Sharma Law College, (Aduka), Chirawa, District Jhunjhunu (Raj.) Run By Shri Rameshwar Lal Sharma Gramin Vikas Evam Anusandhan Sansthan (Shri Rameshwar Lal Sharma Rural Development And Research Foundation), Chirawa, District Jhunjhnu Through The Secretary - Smt. Leela Sharma W/o Shri Rajkumar Sharma Aged About 50 Years Resident Of Brahamano Ki Dhani (Aduka), Tehsil Surajgarh, District Jhunjhunu (Raj.)

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----Petitioner

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Versus

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Dr. Bhim Rao Ambedkar Law University, Jaipur, Rusa Bhawan, Shiksha Sankul, Jln Marg, Jaipur-302015 Through Its Registrar

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----Respondent

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Connected With

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S.B. Civil Writ Petition No. 5196/2023

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N.i.m.t. College Of Law, Through Its Authorized Person, Shri Pradeep Kumar S/o Late Shri Prabhat Kumar, Age About-62 Years, R/o-Sp-3-1, Riico Industrial Area, Keshwana, Kotputli , Jaipur (Raj.)

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----Petitioner

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Versus

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Dr. Bhimrao Ambdekar Law University, Jaipur Rusa Bhawan, Shiksha Sankul, Jln Marg, Jaipur (Raj.) Through Its Registrar.302015

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The Bar Council Of India, 21, Rouse Avenue, Industrial Area, Near Bay Bhawan, New Delhi 110002. Through Its Secretary.

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Commissionerate College Education Rajasthan, Through Its Commissioner, Block-4, Rks Sankul, Jln Road, Jaipur-302015, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Tanveer Ahamad Mr. Rajendra Prasad Yadav Mr. Rakesh Kumar Dhawan For Respondent(s) : Mr. Ajit Maloo

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[CW-1984/2023]

HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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18/04/2023

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Counsel for the petitioners submits that the issue involved in these writ petitions has been considered and decided by the Coordinate Bench of this Court at Principal Seat, Jodhpur in the matter of Nathdwara Law College Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.18622/2022) decided on 21.03.2023, wherein it has been held as under:-

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“The lawyers are abstaining from the work due to strike.

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Mr. Harish Kumar, Principal of Nathdwara Law College and Mr. Aayub Khan, Registrar of Dr. Bhimrao Ambedkar Law University are present in person before this Court and jointly submitted that the controversy in question is squarely covered by the order rendered by the Division Bench of this Hon'ble Court in D.B. Special Appeal Writ No.16/2023 (Dr. Bhimrao Ambedkar Law University, Jaipur & Anr. Vs. Kautilya Law College & Anr.) decided on 25.01.2023. The order dated 25.01.2023 reads as under :

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"1. Heard Mr. Ajit Maloo, learned counsel appearing for the appellant and Mr. Kapil Gupta, learned counsel for the respondent.

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The appellant-University has challenged the judgment and order dated 30.11.2022 passed by the learned Single Judge allowing the writ petition of the respondents and directing the University to issue affiliation certificate to the respondents for the academic session 2022-23 within a period of 30 days.

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The respondent-Law College applied for the grant of affiliation to the

[2023/RJJP/006975]

[CW-1984/2023]

(3 of 5)

University for the academic session 2022-23. Since, the University failed to consider the matter, the respondentCollege filed the writ petition.

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The submission of learned counsel for the appellant is that a time schedule was framed for submitting documents for the purposes of seeking affiliation. The respondent-Law College had not submitted the NOC from the Government by the fixed date as well as the certificate from the Bar Council of India.

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The learned Single Judge has allowed the writ petition holding that Bar Council has given the approval certificate for running two sections of 60 students each in three year LL.B. course for the session 2022-23 on 29.08.2022 and the NOC was given by the State Government on 15.11.2022, therefore, since all the formalities have been completed and the respondentLaw College cannot be blamed for delaying the process of issuing the NOC and the period of admitting the students was extended up to 30.11.2022, there remained no discrepancy for not granting affiliation.

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Learned counsel for the appellantUniversity has placed reliance upon the Minutes of the second meeting of the adhoc Board of inspection for the academic session 2022-23 held on 22.06.2022 and in respect of the respondent-College has pointed out that the approval of the BCI was to be submitted by 20.08.2022 and so also the NOC filed by the State Government.

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The approval certificate of the BCI was issued and submitted on 29.08.2022 which was beyond the cut off date provided for submitting the same and in such circumstances, the Writ Court could not have issued directions straightway for Granting the affiliation.

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[2023/RJJP/006975]

[CW-1984/2023]

The NOC by the Government was also issued on 15.11.2022 much after the respondent-Law College had applied for granting of affiliation. No doubt the respondent-Law College has completed the necessary formalities for the grant of affiliation for the session 2022-23 for running two sections of 60 students in three year LL.B. course but the fact remains whether the said formalities have been completed within the time schedule provided by the appellant-University.

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In view of the various decisions of the Apex Court which in academic matters directs for strict adherence of the time schedule, we are of the opinion that the Writ Court ought not to have issued the directions straightway for granting of affiliation certificate rather ought to have directed the appellant-University to consider the grant of the affiliation certificate within a time bound period keeping in mind the observations if any made by the Court.

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In view of the aforesaid facts and circumstances, we modify the order dated 30.11.2022 passed by the Writ Court and direct that the appellantUniversity shall consider the matter of grant of affiliation to the respondentLaw College for the academic session 2022- 23 within a period of 30 days from the date the copy of this order as produced before it and in case the respondent-Law College is found eligible for the grant of affiliation, the necessary affiliation certificate be issued to it forthwith without any delay.

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The appeal is disposed of accordingly."

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In light of the aforequoted order, the present writ petition is disposed of in the same terms. However, the respondents are directed to adhere with the conditions/directions given in the case of

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[CW-1984/2023]

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Dr. Bhimrao Ambedkar Law University (supra) for the present petitioner also. All pending applications stand disposed of.”

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Counsel for the respondent(s) has not disputed the submissions made by counsel for the petitioners.

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In that view of the matter, these writ petitions stand disposed of in view of the judgment passed by the Coordinate Bench of this Court at Principal Seat, Jodhpur in the matter of Nathdwara Law College (supra). However, the respondents are directed to adhere with the conditions/directions given in the case of Dr. Bhimrao Ambedkar Law University, Jaipur (supra) for the petitioners also. All pending applications stand disposed of. Compliance be made within a period of one month.

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(INDERJEET SINGH),J

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JYOTI /39-40

Smt. Panadevi Rameshwar Lal Sharma Law College v. Dr. Bhim Rao Ambedkar Law University

Case brief

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What did the court decide?

Smt. Panadevi Rameshwar Lal Sharma Law College v. Dr. Bhim Rao Ambedkar Law University

Case brief

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What did the court decide?

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