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H.M.S. Islamia Inter College And Others v. Union Of India And Others - WRIT - C No. 20475 of 2004 [2006] RD-AH 4445 (24 February 2006)


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Civil Misc. Writ Petition No.20475 of 2004

H.M.S. Islamia Inter College & Ors.


Union of India & Ors.

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

This petition is directed against the order dated 30.04.2004 issued by the Commanding Officer, 4th U.P. Battalion, N.C.C., Etawah and the letter dated 18th May, 2004.

A sub-unit of National Cadet Corps was allotted to the petitioner Inter College which was established at Etawah, about forty years ago.  Second Lieutenant Ghufran Ahmad  who had been commissioned in the year 1996 was associated as N.C.C. Officer in the petitioner Institution. In the month of February, 2000, Second Lieutenant Ghufran Ahmad undertook a refresher course wherein he was declared unsuccessful. He was required to pass the refresher course with effect from 24.02.2003 to 25.03.2003 but the Institution did not relieve him, even though the said Second Lieutenant Ghufran Ahmad  had expressed his willingness to attend the refresher course from 24.02.2003 to 25.03.2003. When the Institution intimated this position to the officiating Commanding Officer, a communication dated 18.02.2003 was sent to the Institution clearly intimating it that strict action would be taken against such non-cooperation which could even result in the withdrawal of the N.C.C. from the Institution. Inspite of the aforesaid letter, the Institution did not relieve Second Lieutenant Ghufran Ahmad  as a result of which, letter dated 8th October, 2003 was sent to the petitioner Institution placing it under suspended animation for two reasons, namely, that it had failed to provide a short range and it had not permitted Second Lieutenant Ghufran Ahmad to proceed for the refresher course with effect from 24.02.2003. The animated suspension was for a period of three months after which the situation was to be reviewed and non-improvement could lead to further action in accordance with Rules. Another letter dated 08.01.2004 was sent to the Institution in connection with the suspended animation and the Institution was informed that as there had been no improvement, it must take immediate remedial action within three months failing which decision for withdrawal of N.C.C. from the institution could be taken. However, when the situation did not improve, the impugned order dated 30.04.2004 was issued. A perusal of the said order dated 30.04.2004 indicates that the two platoons allotted to the institute were withdrawn and Second Lieutenant Ghufran Ahmad  was required to deposit back the N.C.C. stores by 15th May, 2004.

We have heard Shri Ravi Kant, learned Senior Counsel appearing for the petitioners and Shri Bal Mukund, learned counsel for the respondents and have perused the material on record.

Shri Ravi Kant, learned Senior Counsel appearing for the petitioners has stated that the Institute is now ready to satisfy the conditions stipulated under the National Cadet Corps Rules and for that purpose they shall move an appropriate application for restoration of the N.C.C. facility.

Shri Bal Mukund, learned counsel for the respondents has submitted that in case such an application is made and the petitioner Institution satisfies the conditions stipulated in the Rules, then the case for restoration of N.C.C. facility shall be considered in accordance with law.

In view of the aforesaid submissions of the learned counsel for the parties, we dispose of this writ petition with a direction that in the event the petitioner Institution moves an appropriate application before the Competent Authority and satisfies the conditions stipulated under the Rules, the authority concerned shall consider the case for restoration of N.C.C. facility and pass appropriate orders in accordance with law expeditiously preferably within a period of two months from the date of filing the said application.




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