Punjab & Haryana HC Imposes ₹4 Lakh Cost On College Association For Filing 'Frivolous' Plea Challenging Regular Inspection Carried Out By University

The Punjab & Haryana High Court imposed a cost of Rs 4 lakh on the Association of Colleges which has been approved by the National Council for Teacher Education (NCTE) for filing a frivolous petition challenging regular inspection carried out by the University under which colleges are affiliated.The Court rejected the contention of the Association that once the Colleges are recognized by the NCTE, the examining body i.e. University does not have any role to play so far as affiliation is concerned.Chief Justice Sheel Nagu and Justice Sudhir Singh said, “It is quite evident that despite the law in regard to distinct concepts of affiliation and recognition, having been settled through various decisions of Apex Court, the petitioner-Association has filed this petition knowing very well about the consequences.”The Court added further that such frivolous and vexatious piece of litigation deserve to be discouraged and curbed since it led to wasting precious time and energy of this Court which could have been utilized for deciding more pressing matters.After hearing the counsel for the rival parties, the Court opined that the petitioner appears to be laboring under misconception that once a college has been recognized by the NCTE, the necessary fall out of the said recognition is an affiliation, which does not require any separate application of mind or inspection.Referring to Schedule to Statute: 37 of the Maharishi Dayanand University, the Bech noted that, "it is obvious that that frequency of inspection prescribed under the said Statute of “once in every three years” is subject to the expression “ordinarily”, which obviously means that said frequency of once in every three years is not exhaustive. Thus, the inspection can very well, in the given facts and circumstances, be carried out with more or less frequently than once in every three years."The Court also referred to Maa Vaishno Devi Mahila Mahavidyalaya versus State of U.P. and other, [2013] and other Apex Court rulings and observed that the act of “recognition” and that of “affiliation” are two distinct concepts. The competent authority empowered to recognise and affiliate is also distinct. In regard to affiliation, the examining body (i.e. the University) is the competent authority which herein has carried out various inspections at the frequency of once a year, which cannot be termed as violative of any particular statutory provision or statute of the University, it added. In light of the above, the Court dismissed the plea and imposed an exemplary cost on the petitioner-Association of Rs.4 lakhs to be deposited in the account of “Poor Patient Welfare Fund” in PGIMER, Chandigarh.Mr. H.S. Hooda, Advocate for the petitioner.Mr. Naveen S. Bhardwaj, Additional AG Haryana.Mr. Kuldeep Sheoran, Advocate, Mr. Nishant Hooda, Advocate, Mr. Tanvir, Advocate and Mr. Arun Khatri, Advocate for respondents No.3 and 6.Mr. Prateek Mahajan, Advocate for respondent No.4. Mr. Amit Rao, Advocate and Mr. Akshay Panghal, Advocate for Mr. Anurag Goyal, Advocate for respondent No.5.Mr. Puneet Gupta, Advocate and Mr. Ravindra Singh, Advocate for respondent No.7. Title: Association of NCTE approved Colleges Trust v. State of Haryana and othersCitation: 2025 LiveLaw (PH) 42Click here to read/download the order

Punjab & Haryana HC Imposes ₹4 Lakh Cost On College Association For Filing 'Frivolous' Plea Challenging Regular Inspection Carried Out By University

Aiman J. Chishti

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