JUDGEMENT
Sunita Agarwal, J. -
(1.) The present petition has been filed by the Institution which is seeking affiliation for imparting D.El.Ed course for the academic session 2017-18. The claim of the petitioner is that pursuant to the advertisement dated 3.4.2017 issued by Secretary, Examination Regulatory Authority, Allahabad, it had moved an application alongwith demand draft in the Office of Principal DIET, Etah on 15.4.2017. The said application was not processed in time by the Principal DIET. The inspection panel was constituted with much delay and had visited the petitioner Institution on 22.5.2017. Causing of delay in conducting the spot inspection, application moved by the petitioner was not processed in time. As a result, the act of the Principal DIET, Etah, the petitioner Institution suffered financial losses at it was deprived of getting affiliation for the academic session 2017-18.
(2.) In order to verify the said averments, the Principal DIET, Etah was directed to file his personal affidavit vide order dated 5.12.2017. The affidavit dated 12.12.2017 filed by the Principal DIET indicates that the assertion of the petitioner of moving application on 15.4.2017 is correct as per the disclosure made by the Principal, the physical verification report of 14 Institutions were conducted by him and reports were forwarded to the Office of Secretary, Examination Regulatory Authority in the evening of 26.5.2017. It is admitted that a direction was issued by the Secretary, Examination Regulatory Authority to all the Principal DIET vide communication dated 22.5.2017 that the pending applications be forwarded alongwith inspection report before 25.5.2017. The delay in forwarding the application of the petitioner, therefore, was at the ends of the Principal DIET, Etah.
(3.) Considering the manner in which the applications were processed in the Office of the Principal, DIET as is reflected from the records shows the recklessness on the part of the State machinery in processing the applications. The then Principal DIET, Sonebhadra was well aware of the last date fixed by the Apex Court and, moreover, a circular was issued to all the Principals, DIET from the Office of the Secretary, Examination Regulatory Authority asking them to forward the inspection reports with requisite applications by 25.5.2017 as the date fixed for meeting of the State Affiliation Committee (for Academic Session 2017-18) was 29.5.2017. Even otherwise, the State Authorities were well aware of the cut off date fixed by the Apex Court in the Case of Maa Vaishno Devi .;
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