IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1501 of 2008 (M/S) Sanskriti Institute of Advance Studies Village-Nasirpur, Roorkee Haridwar, District Haridwar. Through its Secretary Sri Manish Arora R/o Village Nasirpur, Roorkee Haridwar, District Haridwar. ….....Petitioner. Versus 1. H.N.B. Garhwal University Sri Nagar, through its Registrar 2. Registrar, H.N.B. Garhwal University Sri Nagar, Pauri Garhwal. ……….Respondents. Shri S.N. Babulkar, Sr. Advocate, assisted by Shri Ravi Babulkar, Advocate for the petitioner. Shri Vinod Nautiyal, learned Additional Advocate General for the respondents. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2. By means of this writ petition, the petitioner has sought writ in the nature of mandamus commanding the respondents to provide affiliation to the petitioner’s institution forthwith for the session 2007- 08 without any further delay. A further mandamus has been sought commanding the respondents to provide sectioned cut off merit list of the students to the petitioner’s institution for admitting the students for B.Ed. one year course for the session 2007-08. 3. Brief facts of the case are that petitioner- Sanskriti Institute of Advance Studies, registered under the Registration of Societies Act, runs an 2 educational institute with the name and style ‘Sanskriti Institute of Advance Studies’ in Village Nasirpur, Roorkee, District Haridwar, for imparting education of B.Ed. one year professional course. It is pleaded by the writ petitioner that there is adequate infrastructure with the institute and skilled faculty. It is further pleaded that the Institute is a self finance Institute. It is further stated in the writ petition that the Institute had applied for recognition for National Council for Teacher Education (herein after referred as N.C.T.E.) and said authority has granted recognition permitting it to teach 100 students for B.Ed. course. A copy of recognition letter dated 25.01.2008, is annexed as annexure-1 to the writ petition. The petitioner’s case is that after the recognition granted by N.C.T.E., petitioner sought affiliation with HNB Garhwal University. But the Garhwal University is not taking decision in the matter ever after inspection made by it of the Institute. Meanwhile, academic session 2007-08 has started. 4. In the counter affidavit filed on behalf of the respondent University, it is not denied that the petitioner has got the recognition from N.C.T.E. In para-8 of the counter affidavit, it has been stated that after Inspecting Committee inspected the Institute on 26.05.2008, approval is pending before the Chancellor. Further it is stated in para-12 of the counter affidavit that University cannot be permitted 3 to admit the students at this stage, as the examinations for the session of 2007-08 are scheduled to be held in November 2008 and the Institute will not be able to complete teaching of 180 days, for the students now admitted. 5. Having heard learned counsel parties, and after going through the papers on record, this Court is of the view that respondents are taking unnecessary time in taking decision in the matter of affiliation, as the inspection is admittedly said to have been made by the University way back in May 2008. Keeping in view the principle of law laid down in State of Maharashtra Vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and others (2006) 9 S.C.C. Pg. 1, this Court thinks it just and proper to direct the Competent Authority to take a decision as early as possible in the matter. Learned counsel for the petitioner submitted that after incurring huge expenses in the infrastructure of the Institute, the petitioner has to spend huge amount in maintaining the faculty of the Institute without there being students in the institute. 6. In the above circumstances, this writ petition is disposed of with the direction to the authority concerned that it shall take a decision relating to affiliation of the petitioner’s institution with H.N.B. Garhwal University within a period of one month from the date of certified copy of this order is 4 produced. (Stay application No. 5601 of 2008 and Urgency application No. 2560 of 2008, stand disposed of). (Prafulla C. Pant, J.) Dt. 22.10.2008 Sweta 5 6