J.S. Narang, J. - (1.) THE petitioner No. 1 is a trust, registered under the Statute with the Registrar of firms and societies. Tamil Nadu and also under the provisions of the Societies Registration Act. It is in a perfect sound, financial condition and has the assets of the value of more than a crore, established with the object of setting up and running of educational institutions. It has been able to set up approximately 12 Colleges and Schools all over the country. An Institution in the name and style of National Institute of Law, has been created and that the trust desires to set up a "Law College" in the State of Haryana.
(2.) IN the first instance an application dated April 16, 1998 (copy Annexure P -4) was addressed to the Registrar, Mahanshi Daya Nand University, Rohtak (in short "M.D. University"), te respondent. In response thereto, the M.D. University required that the applicant in the first instance should obtain "Approval" from the Bar Council of India and also "No Objection Certificate" from the Govt. of Haryana. Upon submission of the aforesaid approvals and No Objection Certificate, the request for granting affiliation in respect of the Law College would be considered. As a sequel thereto, respective applications were filed before the aforesaid authorises. The Bar Council of India appointed a Committee for Inspection of the Law College at Ballabgarh Faridabad on January 20, 1998 and that upon the report of the said Committee, permission to start the Law College with an intake of 80 students for three years law course and 80 students of five years law course for the academic year 1998 -99, was granted accordingly and in this regard communication dated 17.10.1988 was addressed to the Registrar of M.D. University (Copy annexure P -7). Similarly "No Objection Certificate" was issued by the Government of Haryana vide communication dated January 11, 19_99 (copy Annexure P -8). However apart from other innocuous conditions, three conditions were imposed, which read as under : - ..... 1) All the conditions (for) affiliation prescribed by the University/UGC will be met out by the Trust. 2) The FDK of endowment fund as per University regulations duly pledged in the name of Director of Higher Education will be sent to this office immediately; 3) The College authorities will recruit the staff as per Govt./University guidelines and pay the salary to the staff in the pay scales prescribed by the Govt. from time to time.
(3.) UPON receipt of the aforesaid approvals and No Objection Certificate, revised application was submitted to the M.D. University, for granting affiliation and that alongwith the application a fee of Rs. 50,000/ - was also deposited. The said application was submitted on April 16, 1998 (copy Annexure, P -4). In pursuant to the aforesaid application, an Inspection Committee was constituted but for the reasons not known, the inspection was not carried out. Numerous reminder letters were issued but to no effect. It had also been pointed out that the time for setting up of Law College for the Session 1998 -99 was running out and that the funds invested in this regard would not be useful in the shape of commencement of a College but would cause loss of interest inter alia other damages. The petitioners was aggrieved of in -action on the part of the M.D. University, and therefore, filed Civil Writ Petition No. 15063 of 1999. During the pendency of the aforesaid writ petition, the M.D. University, constituted a new Inspection Committee. In this view of the matter, it was requested that the Inspection Committee may now submit its report within two weeks and thereupon the University was to finalise the issue of affiliation within next two weeks. It was agreed by the University that the Inspection Committee will undertake inspection of the establishment of the petitioner and submit its report within 15 days but the final decision in respect of affiliation may take some time on account of impending changes in the administration of M.D. University.;