K V M ART AND CRAFT INSTITUTE Vs. STATE OF HARYANA
LAWS(P&H)-2012-6-49
HIGH COURT OF PUNJAB AND HARYANA
Decided on June 27,2012

K.V.M. ART AND CRAFT INSTITUTE Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

PARAMJEET SINGH,J - (1.) PRESENT petition has been filed by the petitioners under Articles 226/227 of the Constitution of India for quashing of condition of the security deposit of Rs.7.50 lacs imposed by respondent No.2 vide letter dated 13.06.2012 (Annexure P/6) and directing the respondents to allow the petitioners � institutes to participate in the process of admission through counseling by respondent No.3 for allotment of seats.
(2.) LEARNED counsel for the petitioners contends that the petitioners are challenging Annexure P/6 whereby condition for deposit of Rs.7.50 lacs has been imposed with a rider to remove all the deficiencies noticed during last inspection within one month. The condition reads as under:- "1. That the organization/Centre will deposit security of Rs.7.50 lacs in the shape of Bank Draft for 2 years (Course Duration) in favour of Principal, Art School, Rohtak before commencement of admissions. The security will be forfeited if the Centre/Organization fails to comply with the following instructions: a) That the organization / Centre will remove all the deficiencies noticed during last inspection within one month. b) The training standard will be improved. The infrastructure (Building, Machiner, Furniture, Staff etc.) on the basis of which provisional permission to run Art & Craft course was initially granted, will neither be shared, nor be utilized for any other purpose except for Art & Craft courses. c) The complete staff required for the Centre with specified qualifications will be appointed. d) The salary to the staff will be paid through the Bank. e) Organization / Centres will not charge any extra fee / funds over and above the prescribed fees/fund from the student. f) Physical presence of the students will be ensured. g) The organization / Centre will abide by the instructions issued by the department. The department may inspect the centre on any working day without notice and the organisation/Centre will extend full cooperation to the inspection team and provide whichever record is demanded by inspection team as and when demanded during working hours." ii) The organization will give an undertaking to abide by the above instructions to Director, Industrial Training Department, Haryana along with the Bank Draft of security with above specified condition. They will also undertake that if they failed to abide by the above instructions the department may blacklist their institute and will have the right to deny to have any relation with them.
(3.) THE institute will give an undertaking along with bank guarantee to Principal, Govt. Art School, Rohtak before the admission starts and if failed, no admission from session 2012-14 will be allowed. If the deficiencies pointed out during inspection and instructions mentioned above are not abide by organization/centre, the security deposited by the organization will be forfeited by the department".;


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