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SHRI KRISHNA EDUCATION AND WELFARE TRUST versus STATE OF HARYANA & ANR

High Court of Punjab and Haryana, Chandigarh

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Shri Krishna Education and Welfare Trust v. State of Haryana & Anr - CWP-19071-2005 [2006] RD-P&H 3312 (19 May 2006)

C.W.P.19071 of 2005

IN THE HIGH COURT OF PUNJAB & HARYAN AT CHANDIGRH

C.W.P.No. 19071 of 2005

Date of decision: May 23,2006

Shri Krishna Education and Welfare Trust V. State of Haryana and another CORAM: HON'BLE MR.JUSTICE VINEY MITTAL
HON'BLE MR.JUSTICE H.S.BHALLA

Present: Mr.Ashok Aggarwal,Senior Advocate,with Shri Suman Jain, Advocate, for the petitioners.

Shri Ashok Jindal,Additional Advocate General,with Shri Ajay Gulati,Assistant Advocate General,Haryana for the respondents.

Shri Arun Kumar,Director,Industrial Training and Vocational Education,Haryana.

Viney Mittal,J.(Oral)

This order shall dispose of Civil Writ Petitions No. 19071 and 18825 of 2005 as common questions of law and facts are involved in the same. Facts are borrowed from C.W.P. No.19071 of 2005.

Shri Arun Kumar, Director,Industrial Training and Vocational Education,Haryana is present in person. The matter has been discussed with him. It has been brought to the notice of Shri Kumar that certain guidelines issued by the State of Haryana with regard to the educational institutions, such as the petitioner-Society, for running the Art and Craft Teachers Training Course are impractical and, therefore, unreasonable. It has also been brought to the notice of Shri Kumar that the petitioner-Trust has specifically stated that the faculty members, as required under the guidelines issued by the State of Haryana are not even available and, as such, it is not possible for any of the institutions proposing to run the aforesaid course to have such members.

Shri Ashok Aggarwal, learned Senior Advocate appearing for the petitioner-Trust has, in fact, pointed out that 36 other institutes which have sought the recognition from the authorities are also facing a similar problem with regard to the recruitment of the faculty members with the C.W.P.19071 of 2005

requisite eligibility.

Shri Arun Kumar on being apprised of the aforesaid difficulty has also stated that the matter has been brought to his notice by other institutions as well. In this view of the mater, Shri Kumar has assured the Court that the decision with regard to the eligibility of the faculty members shall be reviewed by the State Government and such guidelines shall be issued, as would be practical. Shri Kumar has further assured the court that the necessary decision in this regard shall be taken as expeditiously as possible, and in any case much earlier to the commencement of the next academic session, which is likely to commence in the months of July/August,2006. We earnestly hope that an effort shall be made by the respondents to meet the aforesaid difficulty being faced by the various educational institutes which are proposing to run the Art and Craft Teachers Training Course.

At this stage, certain averments made by the writ petitioners with regard to the land and the building where the course in question is intended to be started may also be taken note of.

In the written statement filed by respondents No.1 and 2, it has been pointed out that an Inspection Committee had inspected the site of the petitioner-Trust and found that the land possessed by the petitioner was merely 0.3 acre in the name of the Society and the aforesaid land as such was insufficient. It has also been pointed out by the Inspection Committee that as per the policy of the Government the building structure of the petitioner was having insufficient accommodation inasmuch as there were only 27 rooms which were not sufficient to run 6 units ( 180 seats) simultaneously.

Shri Ashok Aggarwal, learned senior counsel appearing for the petitioner-Trust has maintained that as a matter of fact the land in occupation/possession of the petitioner-Trust was 26 kanlas 12 marlas.

Although the entire land was not owned by the petitioner-Trust but the entire land was infact available with the trust since the remaining land was on long lease with it. It was also pointed out by Shri Aggarwal that the building accommodation was, in fact, sufficient even as per the guidelines issued by the State Government. It has further been maintained by Shri C.W.P.19071 of 2005

Aggarwal that in any case the remaining 36 institutions which had sought the recognition also possessed less or smaller accommodation as is in possession of the petitioner-Trust and,therefore the petitioner-Trust could not have been differentially or discriminately treated in the matter of aforesaid assessment.

Since the mater is under reconsideration of the authorities,therefore, we earnestly hope that the aforesaid pleas raised by the petitioner-Trust shall also be duly considered by respondent No.2, Director, Industrial Training and Vocational Education.

We, consequently, dispose of the present petitions with a direction to the respondents to take a final decision on the claim made by the petitioner-Trust and other similarly situated institutions, so that unnecessary litigation can be avoided.

Shri Arun Kumar assures the court that needful shall be done at the earliest.

A copy of this order be given dasti on usual charges.

( Viney Mittal )

Judge

May 23,2006 ( H.S. Bhalla )

sks Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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