MC(WPC)/266/2010 of SHILLONG ENGINEERING COLLEGE & MANAGEMENT Vs NEHU and ORS on 6 July 2010

1. Shillong Engineering & Management College, 12[th] Mile Jorabad, Ri-bhoi District Meghalaya, represented by its Director Shri CM Jha.

2. M/s North Eastern India Trust for Education & Development (NEITED), Laitumkhrah, Shillong-3 Represented by its Secretary Shri CM Jha.

3. Shri CM Jha, Secretary, North Eastern India Trust for Education & Development (NEITED) and Director of Shillong Shillong Engineering & Management College, 12[th] Mile Jorabad, Ri-bhoi District Meghalaya.

: Applicants

-versus-

1. North Eastern Hill University (NEHU) NEHU Campus, Shillong-793022, Meghalaya.

2. The Registrar, North Eastern Hill University (NEHU) NEHU Campus, Shillong-793022, Meghalaya

3. The Director, College Development Council, North Eastern Hill University (NEHU) NEHU Campus, Shillong-793022, Meghalaya

4. The Vice Chancellor, North Eastern Hill University (NEHU) NEHU Campus, Shillong-793022, Meghalaya : Respondents B E F O R E

THE HON’BLE MR JUSTICE T VAIPHEI

For the Applicants : Mr SP Sharma, Adv For the respondents :Mr. HS Thangkhiew, Mr N Mozika, Mr P Nongbri, Advs Date of hearing : 28.06.2010 Date of Judgment and Order : 06.07.2010

JUDGMENT AND ORDER

This application is filed by the applicants, which is an educational institution known under the name and style of Shillong Engineering and Management College (“the College” for short), located at Jorabat in the Ri-Bhoi District, for staying the letter dated 16-6-2010 of the Director, College Development Council, North Eastern Hill University (the respondent No. 3) refusing to renew its provisional affiliation to the University and directing it not to admit fresh students for the Academic Session of 2010-2011. The case of the applicants is that the College was established in the year 1999 and got provisionally affiliated to the NEHU on 12-7-1999 for a period of three years. The All India Council for Technical Education (AICTE), New Delhi also accorded permission for opening 180 seats in three Courses up to the Degree level, viz. (i) Computer Sciences & Engineering, (ii) Electronics & Comm. Engineering and (iii) Information Technology. The College is the first private sector Engineering College in the entire North East India without any assistance from the Government, and is thus a self-reliant College. The AICTE, after proper verification, by the letter dated 14-5-2004 accorded its approval to the College for

introduction of new courses and for opening full time MBA course to the College. Despite application made by the applicants to the respondents for affiliation of the MBA course, the approval has not been made. The applicants had purchased a huge plot of land measuring 26 acres near Jorabat, Ri-Bhoi District and had developed its College Campus with residential accommodation for faculties staff (?) and students with a provision for separate hostels for girls and boys, which are well-equipped and up to the expectation of the student community. The College has started the process of admission of students for the academic session of 2010-2011 by giving wide publicity in a number of newspapers such as The Assam Tribune, The Telegraph, Assam Pratidinand The Shillong Timesand by circulating/distributing Prospectus Forms through selected locations with effect from 18-5-2010: it has also fixed 6-6-2010 as the date of Entrance Examination, 11-6-2010 as the date for announcement of results and 14-6-2010 as the date for counseling and admission. One of the members of the College Faculty, namely, Dr. B. Baishya, HOD ECE, Department of SEMC, Jorabat through his letter dated 23-4-2010 reported to the Principal of the College about the improper behaviour of Professor (Dr.) I. Hussain, a member of the NEHU Inspection Team towards Mrs. Jutika Devi of the Physics Department during their inspection visit to the College on 21-4-2010. The report was forwarded by the Principal of the College to the respondent No. 3 for taking appropriate action against the concerned official. However, instead of taking action against the delinquent official, the respondent No. 3 most surprisingly and without hearing the College, issued the impugned letter. The applicants by their letter dated 18-6-2010

requested the respondent No. 3 to continue the affiliation of the College by giving an undertaking that it would fulfill all the conditions laid down by the NEHU Inspection Team within the current academic session. This request has neither been accepted, nor has the letter been acknowledged, by the respondents till date. This is how this written petition has been filed by the applicants along with this application for stay.

2. Mr. S.P. Sharma, the learned counsel for the applicants, submits that the impugned letter suffers from vice of arbitrariness and is mala fide and violative of the principles of natural justice inasmuch as no opportunity of hearing was given to the applicants by the respondents before issuing the impugned letter: any administrative order having civil consequences can be validly passed only after hearing the applicant. He also maintains that the College is able and ready to abide by the instructions of the NEHU Inspection Team within the current academic session. He also contends that irreparable damage shall be caused to the College if the impugned order is not stayed pending disposal of the writ petition in view of the fact that the admission process of students for various courses has already commenced. He also submits that the impugned letter has been issued by the respondent No. 3 in a malicious manner and is in retaliation to the complaint lodged by one of their staff about the improper behavior of the said member of the Inspection Team towards Mrs. Jutika Devi of the Physics Department. On the other hand, Mr. H.S. Thangkhiew, the learned counsel for the respondents, drawing my attention to the report dated 21-4-2010 of the NEHU Inspection Team, points out that

the impugned letter is the inevitable action warranted by the findings of the Inspection Team. He particularly highlights the findings of the Inspection Team to contend that the College is not functioning according to the guidelines of the NEHU in respect of the appointment of Teachers, payment of regular pay scales to the Teachers, availability of laboratory space and equipments of computer laboratory, etc. and allowing it to admit new students in the current academic season will not be advisable and will not serve the interest of the newly-admitted students as their career will be in jeopardy. He, therefore, vehemently urges this Court to reject the application for staying the impugned letter.

3. I have given my anxious consideration to the rival submissions advanced on behalf of the parties. There is no evidence to show at this stage that the College was given an opportunity of hearing by the respondents before issuing the impugned letter. True, the findings of the Inspection Team, if correct, are serious: the College may in that case forfeit even its right of existence. However, even an administrative order having civil consequences can be passed only by the authority concerned after giving the applicant reasonable opportunity to make representation against the action proposed to be taken. This is an elementary rule of natural justice, which must be scrupulously followed by executive authorities before taking reprehensible action. Consequently, the applicants have made out a prima facie case for issuing an interim order. The application is, accordingly, allowed. Pending disposal of the connection writ petition, the operation of the impugned letter shall remain stated. However, this interim order will not be a bar against the respondent authorities from issuing fresh order(s) in accordance with law after giving reasonable opportunity of hearing to the applicants. No costs.

JUDGE

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