Excelsior Correspondent
JAMMU, Feb 26: A Division Bench has set aside the State High Court’s Single Bench direction asking Jammu University to undergo inspection of an institute by Al Noor Educational Society for starting B Ed course.
In a Letters Patent Appeal by Jammu University, which had challenged the Single Judge order dated October 7, 2010, the division bench comprising Chief Justice M M Kumar and Justice Hasnain Masoodi ruled that the writ petitioner respondent institute was required first to seek No Objection Certificate from the State Government and then ask for inspection from the appellant University.
The DB also dismissed the writ petition by Al Noor Educational Society, which had earlier prayed before the Single Judge that despite having completed the formality and deposit of the fee, the University was not conducting inspection of their institute and as a result requisite No Objection Certificate was not being issued by the State.
Advocate W S Nargal appeared as Counsel for the Jammu University and placed reliance on Statute 15 (i) of chapter IV which contain Statutes Governing Affiliation and Recognition of colleges and other institutions. He explained that as per the Statute, the first step for an institution to request for inspection is to secure No Objection Certificate from the State Government.
The Division bench acknowledged Mr Nargal’s contention that issuance of direction to the University for undertaking inspection without first securing NOC from the State would be putting the cart before the bull.
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