- (1.)Writ Petition No. 8999/2012 is filed by the society challenging the order dated 25.4.2011 (Annexure P/1) issued by the Jiwaji University. By the said order, the University informed the petitioner-institution that for the session 2009-10 the University had granted recognition only for 15 seats in first semester of M.Sc. Microbiology. The institution had admitted 13 more students beyond the permission/recognition granted by the University and, therefore, the University decided to impose Rs.25000/- penalty per additional student. Lastly, it is stated that Rs.3,25,000/- be deposited and only after that the mark sheets for those students would be issued. Writ Petitions No. 9000/2012 and 8527/2012 are filed by the students of Chaudhary Dilip Singh Girls College, Bhind, praying that the University be directed to release the said mark sheets. Since the questions involved in these petitions are common, the matters are analogously heard and decided by this common order.
(2.)Brief facts are taken from WP No.8999/2012. Petitioner is a registered society. They applied for grant of recognition and affiliation from the Vishwavidyalaya and Higher Education Department. Shri Nakul Khedkar, learned counsel for the petitioner submits that in the application so submitted by the petitioner, number of students were not mentioned which makes it clear that it was open for the petitioner to admit any number of the students. However, it is stated that the Vishwavidyalaya by notification dated 20.5.2010 (Annexure P/7) committed an error in permitting the petitioner to admit only 15 students in the said subject. The petitioner earlier filed Writ Petition No. 6183/2012. However, in the said petition the petitioner did not challenge the notification (Annexure P/7) dated 20.5.2010. Thus, this Court dismissed the petition on 22.11.2012 but gave liberty to the petitioner to file appropriate writ petition to assail Annexure P/7. Now, in this case Annexure P/7 is also called in question along with Annexure P/1.
(3.)Shri Nakul Khedkar further submits that the State Government while giving recognition has not fixed number of seats of the course in question and, therefore, it was not open for the University to confine it to 15 seats. In addition, it is contended that the petitioner had deposited examination fees of all the students who were admitted by the petitioner-Institution and without any objection or demur the University accepted the said fees. Accordingly, the University is estopped and cannot take any objection or action after having taken the fee of all the students unconditionally. He relied on (Rajasthan State Industrial Development and Investment Corporation and another vs. Diamond & Gem Development Corporation Limited and another, 2013 5 SCC 470) in support of the aforesaid submission.