Govt. of NCT of Delhi v. Bharti Vidyapeeth & Ors

RAJIV SAHAI ENDLAW, J

ACTING CHIEF JUSTICE

JULY 13, 2012 'raj'

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment: 13th July, 2012 + LPA 121/2009 GOVT. OF NCT OF DELHI ..... Appellant Through: Ms. Ruchi Sindhwani & Ms. Bandana Shukla with Ms. Megha Bharara, Advs. Versus BHARTI VIDYAPEETH & ORS. ..... Respondents Through: Mr. Harish N. Salve, Sr. Adv. with Mr. Kailash Vasdev, Sr. Adv., Mr. Satyajit Saha & Mr. Prasenjit Keswani, Advs. for R-1to5. Mr. R.V. Sinha, Mr. R.N. Singh & Ms. Sangita Rai, Advs. for UOI. Mr. A.S. Chandhiok, ASG with Mr. R.B. Singh, CGSC with Mr. Ritesh Kumar, Mr. Piyush Sanghi & Mr. Sidharth Tyagi, Advs. for UOI. Mr. Rakesh Dwived, Sr. Adv. with Mr. Amitesh Kumar & Mr. Mayank Manish, Advs. for UGC. AND + LPA 122/2009 GOVT. OF NCT OF DELHI ..... Appellant Through: Ms. Ruchi Sindhwani & Ms. Bandana Shukla with Ms. Megha Bharara, Advs. Versus BHARTI VIDYAPEETH & ORS. ..... Respondents Through: Mr. Harish N. Salve, Sr. Adv. with Mr. Kailash Vasdev, Sr. Adv., Mr. Satyajit Saha & Mr. Prasenjit Keswani, Advs. for R-1to5. Mr. R.V. Sinha, Mr. R.N. Singh & Ms. Sangita Rai, Advs. for UOI. Mr. A.S. Chandhiok, ASG with Mr. R.B. Singh, CGSC with Mr. Ritesh Kumar, Mr. Piyush Sanghi & Mr. Sidharth Tyagi, Advs. for UOI. Mr. Rakesh Dwived, Sr. Adv. with Mr. Amitesh Kumar & Mr. Mayank Manish, Advs. for UGC. AND + LPA 123/2009 GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY ..... Appellant Through: Mr. S. Mahapatra for Mr. Mukul Talwar, Adv. Versus BHARATI VIDYAPEETH & ORS. ..... Respondents Through: Mr. Harish N. Salve, Sr. Adv. with Mr. Kailash Vasdev, Sr. Adv., Mr. Satyajit Saha & Mr. Prasenjit Keswani, Advs. for R-1to5. Mr. R.V. Sinha, Mr. R.N. Singh & Ms. Sangita Rai, Advs. for UOI. Mr. A.S. Chandhiok, ASG with Mr. R.B. Singh, CGSC with Mr. Ritesh Kumar, Mr. Piyush Sanghi & Mr. Sidharth Tyagi, Advs. for UOI. Mr. Rakesh Dwived, Sr. Adv. with Mr. Amitesh Kumar & Mr. Mayank Manish, Advs. for UGC. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. All the three intra-court appeals impugn the common judgment dated 20-02-2009 of the learned Single Judge allowing WP(C)1995/2008 and WP(C)3885/2008 preferred by respondents No. 1 to 5 herein by directing the appellants Guru Gobind Singh Indraprastha University (GGSIPU) and the Government of NCT of Delhi (GNCTD) to pass order granting disaffiliation of respondent No.3 Bharti Vidyapeeth's College of Engineering, New Delhi and respondent No.4 Bharti Vidyapeeth's Institute of Computer Applications and Management, New Delhi to enable the said respondents No. 3 and 4 to function as a deemed university from the academic session 2009-2010 onwards. 2. The appeals were admitted for hearing and the operation of the order of learned Single Judge stayed. After hearing the counsels on 26-10-2009 and 27-10-2009, this Bench vide a detailed order of 27-10-2009 sought the stand of the Central Government on the aspects mentioned therein. An affidavit dated 18-01-2010 of the Secretary, Department of Higher Education, Ministry of Human Resources Development, was filed in pursuance thereof. Thereafter, on 9-08-2010, it was informed that a discussion between the Central Government and the GNCTD had been scheduled to arrive at a solution of the subject problem. The matters were adjourned from time to time to await the outcome of the said discussion. Ultimately, on 01-02-2011 it was informed that though a meeting was held but without any fruitful outcome. As such, the appeals were again listed for hearing. 3. We have heard the counsels for the parties. The counsels for GNCTD, UGC and respondent Nos. 1 to 5 have also filed written submissions. The counsel for GGSIPU has adopted the arguments of the counsel for the GNCTD. 4. The learned Single Judge, in a detailed judgment running into 55 pages, has on an interpretation of the powers of respondent No.7, University Grants Commission (UGC) and of GNCTD held that upon inclusion of the respondents No.3 and 4 colleges, (earlier affiliated to GGSIPU) in the respondent No.2 Bharti Vidyapeeth,