C.W.P. No.6756 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** C.W.P. No.6756 of 2010 Date of decision : 14.5.2010 Dr.R.N.Gupta Technical Educational Society -----Petitioner Vs. Maharishi Dayanand University -----Respondent CORAM:- HON'BLE MR. JUSTICE PERMOD KOHLI Present:- Mr.Sandeep Goyal, Advocate for the petitioner Mr.Anurag Goyal, Advocate, for the respondent --- PERMOD KOHLI J :- 1. Petitioner is a registered society and is running various educational institutions in the fields of Technical education, Law, Management and Pharmacy etc. The petitioner was granted recognition by All India Council for Technical Education and also by the affiliated Universities and other authorities wherever required. The petitioner is aggrieved of the order dated 28.1.2010 passed by the Maharishi Dayanand University, Rohtak, withdrawing the provisional affiliation in respect to Anupma Institute of Management, Dohra Kalan, Pataudi Road, near Bilaspur Ashoka Haveli, Delhi-Jaipur NH 8, Gurgaon. Vide impugned order (Annexure P 16), provisional affiliation granted to Anupama Institute of Management, Dohra Kalan, Pataudi Road, near Bilaspur Ashoka Haveli, Delhi-Jaipur NH C.W.P. No.6756 of 2010 -2- 8, Gurgaon, for MBA and MCA Courses, has been withdrawn w.e.f. 2010-11 session. This withdrawal is on account of alleged infrastructural deficiencies in the building etc. as noticed by the inspection team of the University. The petitioner has, accordingly, challenged the aforesaid impugned order in this writ petition. The controversy in the present petition has been settled by Hon'ble Supreme Court in case of 'State of Maharashtra Vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya, 2006(2) SCT 499 wherein the following observations have been made :- “48. Before parting with the matter, we may state that at one stage, the High Court has observed that “in so far as the university is concerned, considering the provisions of Section 15 of the NCTE Act, once permission has been granted under Section 14, the University is bound to grant affiliation in terms of the Act, Rules and Statues. Section 83 requires the university to grant affiliation only after permission is granted under Section 82 of the Maharashtra University Act. To that extent the provisions of Section 82 and 83 are inconsistent with the provisions of NCTE Act and are null and void. 49. In our opinion, the observations that the provisions of Sections 82 and 83 of the Maharashtra University Act are “null and void” could not be said to be correct. To us, it appears that what the High Court wanted to convey was that the provisions of Sections 82 and 83 would not apply to an institution covered by 1993 Act. As per the C.W.P. No.6756 of 2010 -3- scheme of the Act, once recognition has been granted by NCTE under Section 14(6) of the Act, every university (examining body) is obliged to grant affiliation to such institution and Sections 82 and 83 of the University Act do not apply to such cases”. In view of the above legal positions, the impugned order dated 28.1.2010 (Annexure P 16) is liable to be quashed. I ordered accordingly. The respondent University shall continue the affiliation of Anupma Institute of Management, Dohra Kalan, Pataudi Road, near Bilaspur Ashoka Haveli, Delhi-Jaipur NH 8, Gurgaon, for the session 2010-11. However, if University is of the opinion that the petitioner has not complied with any provisions of AICT Act, regulations framed thereunder or any of its directions, it has the liberty to approach the AITC for appropriate order or directions. (PERMOD KOHLI) JUDGE 14.5.2010 akm