THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.23932 of 2009 ORDER: The petitioner is a college of Physiotherapy established in a village in Maddipadu Mandal, Prakasam District in the year 1997. The Government accorded permission, vide orders in G.O.Ms.No.387, dated 22.09.1997 and affiliation was granted by the respondent- University for an intake of 50 students. The provisional affiliation was being renewed from year to year duly collecting the affiliation fee of Rs.1,00,000/- per annum. The last such affiliation was granted for the year 2008-09. The petitioner submitted an application for renewal of affiliation for the year 2009-2010 and remitted a sum of Rs.1,00,000/-. The Registrar of the University issued a show cause notice dated 31.03.2009 directing the petitioner to explain as to why the affiliation be not withdrawn and the college be not disaffiliated on the ground that the deficiencies pointed out during the earlier inspection were not rectified. The petitioner submitted explanation within the stipulated time. It was mentioned that no deficiencies were pointed out earlier and that the notice is also not clear as to the alleged deficiencies. The attention of the respondent was drawn to a report of a committee constituted by the University. Thereafter, nothing ensued. The grievance of the petitioner is that the respondent did not include the name of the college in the list of colleges for allotment of students for the current academic year. The last phase of counseling is scheduled to take place on 09.11.2009. The petitioner seeks appropriate directions in this regard. Learned Standing Counsel for the University submits on the basis of the instructions that it has been decided to place the show cause notice and the explanation submitted by the petitioner before the Executive Committee of the University and till such time, the college cannot be included in the list. It is a matter of record that the petitioner was accorded permission and affiliation to establish the institution with an intake of 50 students. For the past more than one decade, it is functioning. The practice of provisional affiliation can be sustained, till an institution functions for the full length of course. Thereafter, it cannot be required to undergo the ordeal of provisional affiliation year after year. Be that as it may, the petitioner submitted the application for renewal of affiliation within time for the current academic year. In all fairness, the University ought to have processed the application and communicated the result thereof much before the admission into course takes place. It is only on 31.03.2009 that the show cause notice was issued and the basis indicated therein for disaffiliation of the college reads as under: “Several deficiencies including acute staff deficiency have been observed and a ‘not satisfactory certificate’ is received vide the report 1st cited. Further, it is observed that several deficiencies pointed out during the earlier inspections are also not rectified till date.” On the face of it, the basis indicated in the show cause notice is illegal, arbitrary and only exhibits lack of objectivity on the part of the University. It is not as if this show cause notice was accompanied by any report, which consisted the list of deficiencies. Therefore, the show cause notice cannot be sustained in law. At any rate, the petitioner has submitted explanation. The undue delay on the part of the University cannot be the basis for causing hardship and loss to the petitioner. It hardly needs any mention that the institution is under obligation to maintain the infrastructure and to appoint employees for imparting training to the students. The withholding of affiliation that too without any specific reason would naturally lead to stoppage of functioning of the institution. At this length of time, the functioning of the college cannot be subjected to the decision of the executive committee, yet to meet. In case, the university has come across any deficiencies on the part of the petitioner, it can certainly point out the same even during the middle of the academic year and the same can be taken into account while considering the application for renewal of the affiliation for the subsequent year. Therefore, the writ petition is allowed and the respondent-university is directed to include the name of the petitioner-institution in the list of colleges for allotment of candidates in the counseling that is to take place on 09.11.2009. Provisional affiliation shall also be extended for the current academic year. It shall be open to the respondent-university to communicate the deficiencies if any on the part of the petitioner well in advance, indicating that if they are not rectified, the application for renewal of affiliation for the subsequent year would not be considered. There shall be no order as to costs. _________ 06.11.2009 JSU THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.23932 of 2009 Date: 06.11.2009 JSU