G.S.SANDHAWALIA J. - (1.) PRESENT writ petition has been filed for issuance of writ in the nature of mandamus and for quashing of the order dated 17.09.2013 (Annexure P12), passed by respondent No.2, whereby the application of the petitioner for establishing a technical institute under the name and style of Krishna Vidyapeeth of Management and Technology, Village Khera, Tehsil Siwani, District Bhiwani, and making admission for the year 2013 -14, was rejected.
(2.) THE grouse of the petitioner is that inspite of various orders, passed earlier and the fact that the authorities had approved the institute in question for the purpose of granting approval for setting up the technical institute for the academic session 2013 -14, in the impugned order but no actual relief has been granted even for 2014 -15 and it has only been directed that consideration for The case of the petitioner -institute is that it set up the said institute as per the norms established by the respondents and after obtaining all the legal sanctions from the Government of Haryana, had invested huge amount of Rs.10 crores. It had applied for the approval, and scrutiny was conducted on 22.02.2013 by a Committee of Experts who had inspected the institute and given a report on 12.03.2013 and the application of the petitioner was rejected vide letter dated 19.03.2013 (Annexure P4). The petitioner was asked to appear before the Standing Appeal Committee. The petitioner put forward its case and established that all the deficiencies had been removed. The Standing Appeal Committee experts visited the premises of the petitioner -Institute on 31.03.2013 and pointed out two deficiencies regarding all weather road and library management software. Accordingly, on 05.04.2013 (Annexure P10), final letter of rejection was issued by the Council, in terms of Clause 9.8 of the Approval Process Handbook 2013 -14 and it was stated that the petitioner -Institute shall make fresh application for next academic year.
(3.) THE petitioner approached this Court by filing CWP No.8521 of 2013 and the respondents chose to file short reply and took refuge behind the judgment of Apex Court in Parshavanath Charitable Trust & others Vs. All India Council for Technical Education & others 2013 (3) SCC 385 and the writ petition was allowed on 06.08.2013. Accordingly, this Court was of the view that the rejection order dated 05.04.2013 was not sustainable and the same was quashed with a direction to respondent No.2 to decide the question of approval within 2 weeks. Relevant portion of the order passed by this Court on 06.08.2013 reads as under: "From the totality of the facts and circumstances of the case, I am of the considered opinion that the impugned rejection order was not only ambiguous as it does not disclose the actual reason for rejection except for referring to the various reports but also contrary to the record which has been produced by the petitioner before this Court and about which there is no denial even in the reply filed by respondent No.2. In view thereof, present writ petition is found to be meritorious and thus the rejection order Annexure P -10 dated 5.4.2013 is hereby quashed. The matter is remanded back to respondent No.2 to decide the question of approval within two weeks from the date of receipt of certified copy of this order by passing a speaking order, in accordance with law." ;