IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 840 (M/S) of 2011 Devbhumi Institute of Professional Education for Women, Plot No. 222, Village Khamaria, Post Office Lalpur Tehsil Kichha, District Udham Singh Nagar through its Secretary Sri Nischal Pande, S/o Late M.C. Pande - Petitioner Versus State of Uttarakhand and another - Respondents Sri S.N. Babulkar, Senior Advocate assisted by Sri Ravi Babulkar, Counsel for the petitioner. Sri A.K. Bansal, Standing Counsel on behalf of respondent No.1. Sri B.D. Upadhyay, Senior Advocate assisted by Mr. Sunil Upadhyay, Counsel for respondent No.2. . [Hon’ble B.S. Verma, J. (Oral)] (CLMA 5676/2012) Heard Sri S.N. Babulkar, Senior Advocate, assisted by Sri Ravi Babulkar, Counsel for petitioner, Sri A.K. Bansal, Standing Counsel on behalf of respondent No.1 and Sri B.D. Upadhyay, Senior Advocate assisted by Sri Sunil Upahayay, Advocate on behalf of respondent No.2. This Civil Misc. Application No. 5676/2012 has been moved by the petitioner with a prayer to direct the respondent university to grant the formal affiliation forthwith to the B.Ed. Academic Session 2011- 12 and further be pleased to admit the petitioner institute in the counseling whenever is conducted by the respondent/university and further provide the students as per law in the interest of justice. This court on 11-5-2012 has dismissed the interim relief application moved by the petitioner and gave liberty to the petitioner to make application for affiliation in accordance with law to the University and if such an application is moved, the University shall take appropriate steps to grant affiliation to the petitioner as per Section 14(6) of the NCTE Act, 1993. Learned Senior Advocate appearing on behalf of the University has submitted that affiliation was not granted to the petitioner due to the reason that the University wrote a letter dated 2.6.2012 to the State Government as to whether affiliation should be granted to the petitioner/institute or not. Learned Senior Advocate further contended that there is condition No.4 in the recognition letter that the 2 recognition is subject to fulfillment of all such other requirements as may be prescribed under relevant norms and standards of NCTE for other regulatory bodies like State Government etc. In its letter dated 2.6.2012 sent to State Government, by the University, no such discrepancies have been pointed out that the petitioner institute has not fulfilled the requirements, which are required for affiliation. To my mind, if the petitioner/institute did not fulfill the recognition conditions, which are required to grant affiliation, in that event the State Government may make a request to NCTE for withdrawal of the recognition, but unless and until the recognition is not withdrawn by the NCTE University is obliged to grant affiliation to the petitioner/institute as per provision of Section 14(6) of NCTE Act. Under the NCTE Act the State Government has no role to play to grant affiliation, in view of judgment of State of Maharashtra versus Sant Danyaneshwar Shikshan Shasthan, Mahavidyalaya and others, reported in [2006(9) SCC, 11. Therefore, the respondent University is directed to grant affiliation to the petitioner/institute within a period of four weeks, from the date of production of certified copy of this order. In the mean time, if the University is going to hold counseling, the petitioner/institute shall be permitted provisionally to participate in the counseling. The interim relief application stands disposed of. List this petition after four weeks. ISB (B.S. Verma, J. ) 14-6-2012 3