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TMI Blog2015 (7) TMI 1032X X X X Extracts X X X X X X X X Extracts X X X X ..... ivil) No. 441 of 2015: 3. The petitioner institute was said to have been granted permission for admitting 150 students in the MBBS course for the academic year 2013-14 and permission was renewed for the academic year 2014-15. The petitioner applied for renewal of permission for the academic year 2015-16 pursuant to which the assessors from the MCI conducted an inspection on 12th and 13th December, 2014 and submitted a report dated 15.12.2014 in which no deficiencies were alleged to have been pointed out. 4. However, the assessors from MCI were alleged to have made another surprise inspection on 6 th February, 2015 at 3.00 PM and directed the Dean to call for a faculty meeting at 3.30 PM. Many teachers could not attend the meeting alleged to have left the college for lunch or Friday prayers or having gone home for the weekend while many others who came after 3.30 PM from different parts of the campus were not allowed to attend the meeting. Many of the Resident Doctors were stated to have been absent on account of the imminent State Level PG Entrance Test. Another inspection was conducted on 7th February, 2015. The inspection report was alleged to have been inaccurate and signed in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10. Mr. Sibal, learned senior counsel appearing for the petitioner, submitted that because of the time schedule fixed in Priya Gupta's case, 2012 (7) SCC 433, the petitioner has no option but to move this Court in order to get the relief by issuance of appropriate directions to the respondents. Learned senior counsel also drawn our attention to para 13 of the judgment rendered by this Court in Priyadarshini Dental College and Hospital vs. Union of India & Ors., (2011) 4 SCC 623. 11. Mr. V. Giri, learned senior counsel appearing in one of the writ petitions, advanced the same arguments for filing the writ petition before this Court under Article 32 of the Constitution instead of approaching the High Court. 12. Both the learned senior counsel, however, claimed their right guaranteed under Article 19(1)(g) of the Constitution of India. 13. At the very outset, we wish to extract the relevant portion of Article 19 of the Constitution which reads as under:- "19. Protection of certain rights regarding freedom of speech etc (1) All citizens shall have the right (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter could be approached this way. Educational institutions can be classified under two categories: 1. Those requiring recognition by the State and 2. Those who do not require such a recognition. 67a. It is not merely an establishment of educational institution, that is urged by the petitioners, but, to run the educational institution dependent on recognition by the State. There is absolutely no fundamental right to recognition in any citizen. The right to establishment and run the educational institution with State's recognition arises only on the State permitting, pursuant to a policy decision or on the fulfilment of the conditions of the statute. Therefore, where it is dependent on the permission under the statute or the exercise of an executive power, it cannot qualify to be a fundamental right. Then again, the State policy may dictate a different course. xxx xxx xxx 72. Accordingly, it is held that there is no fundamental right under Article 19(1)(g) to establish an educational institution, if recognition or affiliation is sought for such an educational institution. It may be made clear that anyone desirous of starting an institution purely for the purposes of ed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amental rights. If there is breach of the fundamental rights, the petitioner can certainly have recourse to Article 32 of the Constitution provided other conditions are satisfied. But we must, in all such cases, be circumventive of what is the right claimed. In this case, the petitioner as such has no fundamental right to clear the goods imported except in due process of law. Now in the facts of this case, such clearance can only be made on payment of duty as enjoined by the Customs Act. In a particular situation whether customs duty is payable at the rate prevalent on a particular date or not has to be determined within the four corners of the Customs Act, 1962. The petitioner has no fundamental right as such to clear any goods imported without payment of duties in accordance with the law. There is procedure provided by law for determination of the payment of customs duty. The revenue has proceeded on that basis. The petitioner contends that duty at a particular rate prevalent at a particular date was not payable. The petitioner cannot seek to remove the goods without payment at that rate or without having the matter determined by the procedure envisaged and enjoined by the law fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at this Court alone can do justice. If this Court entertains writ petitions at the instance of parties who approach this Court directly instead of approaching the concerned High Court in the first instance, tens of thousands of writ petitions would in course of time be instituted in this Court directly. The inevitable result will be that the arrears pertaining to matters in respect of which this Court exercises exclusive jurisdiction under the Constitution will assume more alarming proportions. As it is, more than ten years old civil appeals and criminal appeals are sobbing for attention. It will occasion great misery and immense hardship to tens of thousands of litigants if the seriousness of this aspect is not sufficiently realized. And this is no imaginary phobia. A dismissed government servant has to wait for nearly ten years for redress in this Court. Kashinth Dikshita v. Union of India, (1986) 3 SCC 229: (AIR 1986) SC 2118). A litigant whose appeal has been dismissed by wrongly refusing to condone delay has to wait for 14 years before his wrong is righted by this Court. Shankarrao v. Chandrasenkunwar, Civil Appeal No.1335(N) of 1973 decided on January 29, 1987. The time for i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gain a mere chance or prospect of having particular customers cannot be said to be a right to property or to any interest in an undertaking within the meaning of Article 31(2) of the Constitution and no question of payment of compensation can arise because the petitioners have been deprived of the same. The result is that the petition is dismissed with costs." 22. In the case of Hindi Hitrakshak Samiti vs. Union of India, (1990) 2 SCC 352, a similar question relating to the maintainability of the writ petition under Article 32 of the Constitution came for consideration before a three Judges' Bench of this Court for the enforcement of any Government policy. In the writ petition, the petitioner sought for issuance of the writ of mandamus directing Central Government to hold pre-medical and pre-dental examination in Hindi and regional languages, which according to the petitioner is mandated by Article 29(2) of the Constitution of India. While permitting the petitioner to withdraw its petition, the Court observed that Article 32 of the Constitution guarantees enforcement of Fundamental Rights but violation of Fundamental Right is the sine qua non for seeking enforcement of those ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llate jurisdiction such as is given by Arts 132 to 136. Article 32 guarantees the right to a constitutional remedy and relates only to the enforcement of the rights conferred by Part III of the Constitution. Unless a question of the enforcement of a fundamental right arises, Article 32 does not apply. There can be no question of the enforcement of a fundamental right if the order challenged is a valid and legal order, in spite of the allegation that it is erroneous. I have, therefore, come to the conclusion that no question of the enforcement of fundamental right arises in this case and the writ petition is not maintainable." 25. Their Lordships further observed: "38. As I have said above, the submission of the learned Additional Solicitor General is well founded. It has the support of the following decisions of this Court which I shall now deal with. In Gulabdas v. Assistant Collector of Custom 1957 AIR(SC) 733, 736.) it was held that if the order impugned is made under the provisions of a statue which is intra vires and the order is within the jurisdiction of the authority making it then whether it is right or wrong, there is no infraction of the fundamental rights and it has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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