Anu Malhotra, J. - (1.) The petitioner No.1 Chanderprabhu Jain College of Higher Education & School of Law was founded under the aegis of the Petitioner No.2 the Rishi Aurobindo Educational Society at Plot No. OCF Sector A-8, Narela, Delhi- 110040, in the year 2007 and in the year 2012 and 2013, the respondent No.1, i.e, the Directorate of Higher Education granted a 'No Objection Certificate' to the petitioner's college for the intake of 140 students in BA LLB course for the academic session 2012-2013 in terms of the approval granted by Respondent No.3, i.e., the Bar Council of India, for intake of 140 students. The petitioner No.1 thereafter is stated to have started the BBA LLB course for the academic year 2014-15 with an intake of 120 seats for the first time and a 'No Objection Certificate' dated 31.7.2014 was issued by the respondent No.1, i.e., the Directorate of Higher Education, for the same. In the year 2015 to 2017, the respondent No.1 i.e, the Directorate of Higher Education, issued an NOC to the petitioner No.1's college for an intake of 120 students for the BBA LLB course. The petitioner No.1 is indicated to have applied to the respondent No.1 for an increase in the intake by 60, thereby increasing the total seats to 180 for their BBA LLB course for the academic year 2017-18, and an NOC was duly granted by the respondent No.1 without any protest vide its letter dated 16.06.2107. The petitioner No.1 is stated to have applied to the respondent No.3, i.e, the Bar Council of India, seeking extension of approval for 180 seats in BBA LLB course for the academic year 2017-18, which was also granted vide its letter dated 23.06.2017. The petitioner No.1 submits that in the year 2018 it applied to the respondent No.2, i.e., the Guru Gobind Singh Indraprastha University, for the grant of NOC for BBA LLB course for an intake of 180 students for the academic year 2018-19, which was duly granted vide letter dated 5.6.2018.
(2.) Inter alia, it has been submitted that the respondent No.3, i.e, the Bar Council of India, vide their letter dated 03.04.2018 granted extension of approval to the Petitioner College for continuing the BBA LLB course with 180 seats for the academic year 2018-19. It has been submitted on behalf of the petitioner that on 27.4.2018 the Joint Assessment Committee comprising of members from both the respondent No.1 i.e. the Directorate of Higher Education and respondent No.2, i.e., the Guru Gobind Singh Indraprastha University, visited the premises of the Petitioner College for conducting an inspection and thereafter granted the approval for intake of 180 students in the BBA LLB course for the academic session 2019-2020 and the respondent No.1 i.e, the Directorate of Higher Education, on 23.5.2018 issued the impugned letter dated 23.5.2018 whereby it had not granted the NOC to the Petitioner College for conducting the BBA LLB course in the academic year 2018-19 and that the petitioner college vide its letter dated 28.5.2018 wrote to respondent No.2, i.e., the Guru Gobind Singh Indraprastha University to approach the respondent No.1 i.e, the Directorate of Higher Education, for granting NOC for the BBA LLB course for the academic year 2018-19 and the respondent No.2, i.e., the Guru Gobind Singh Indraprastha University, vide its letter to the respondent No.1 i.e, the Directorate of Higher Education, dated 5.6.2018 requested the respondent No.1 i.e, the Directorate of Higher Education, to re-consider the grant of NOC to the petitioner college for the BBA LLB course for the academic year 2018-19 but it was to no avail which thus constrained the petitioner to file a Writ Petition bearing no. 6698/2018 titled as 'Chanderprabhu Jain College of Higher Education & School of law v. Directorate of Higher Education & Anr' against the non-grant of NOC by Respondent No.1 for conducting BBA LLB course for academic session 2018- 2019.
(3.) It is further submitted on behalf of the petitioner that vide order dated 25.06.2018 in the said Writ Petition No.6698/2018, the petitioner is stated to have been allowed to continue the BBA LLB course with 180 seats for the academic session 2018-2019, subject to an undertaking by the Petitioner College to construct additional area of 810 sq. mtrs. by the academic year 2019-2020, which would be required for the academic session of 2019-20.;