Committee Of Management Anuragi Devi ... vs State Of U.P And Anr

3. As per Time Schedule prescribed by the State Government, the Inspection Report was not received within the prescribed date. In the absence of the required Inspection Report, the University did not grant permanent affiliation to the appellant for the Academic Session 2015-16. No appeal was preferred before the State Government.

5. The Division Bench, as the factual scenario would unveil, took note of the prayer of the college that it was in effect seeking issuance of writ of mandamus requiring the University to extend temporary affiliation for the courses of Hindi, Political Science, Sociology, Medieval History, Education, Sanskrit and Human Science at the graduate level for the academic session 2015-2016 and accordingly adverted to the reasonings of the learned Single Judge and concurred with him.

6. It was urged before the Division Bench that application for grant of permanent affiliation in respect of subjects was made well within time, that is,12.12.2014; that the three-member committee that was constituted by the University on 20.3.2015 had visited the institution on 14.4.2015 and submitted the report; and that the inspection team had recommended extension of temporary affiliation in respect of subjects in question for the academic session 2015-2016 but there had been failure on the part of the University which had caused grave prejudice to the college. The Division Bench noted the stand of the University, referred to the authority in Maa Vaishno Devi Mahila Mahavidyalaya v. State of U.P. and others[1], reproduced the time schedule fixed in the said judgment and observed that pursuant to the directions so issued the State Government formulated a time- frame for consideration of applications for affiliation the particulars of which stood embodied in the Government Order dated 14 November, 2014 and in terms of the government order the last date for the grant of affiliation by a University is fixed as 30 May and a person aggrieved by the decision taken by the University was entitled to prefer an appeal against the same by 15 June and the State Government was liable to decide the appeal so preferred latest by 15 July. The appellate-Bench stated that in the facts of the case the affiliation was neither granted by the time fixed under the Government Order dated 14 November, 2014 nor was any appeal preferred before the State Government and, therefore, bearing in mind the directions issued in Maa Vaishno Devi Mahila Mahavidyalaya (supra), it was not open to either the second respondent or the State Government to pass orders of affiliation after 30 May, 2015. Being of this view, it dismissed the intra- court appeal. Hence, the present appeal by special leave.

8. At the very beginning, we may note that in College of Professional Education and others v. State of Uttar Pradesh and others[2], the Court recorded that for the academic year 2012-13 and subsequent academic years, institution and the State Government had arrived at a broad consensus regarding the procedure and terms and conditions of admission, recognition and affiliation. The terms and conditions which had been accepted by all concerned were reproduced in the said judgment. In the said judgment, as is evident, the Court has referred to the order dated 11.3.2011, and also provided for the time by which the affiliation could be granted to the colleges. Paragraph (vi) (b) clearly stipulated that after the counseling is over, the university concerned will continue to allot the candidates from the relevant waiting list against the vacant seats till all the seats in the colleges were filled up and the organizing university would provide students only to the existing B.Ed college and all those B.Ed colleges which would get affiliation up to 7.7.2011 would not be considered for counseling to the year 2011-2012 and for the next consecutive years and onward the colleges which will get affiliated on or before 10th of May of that year, would be considered for counseling. Certain affiliations were granted to the colleges which were interefered with by the High Court primarily on the ground that the court had no jurisdiction to extend the cut-off date.

4-2013. For the academic year 2013-2014, no recognition shall be issued after 3-3-2013 and no affiliation shall be granted after 10-5-2013. Any affiliation or recognition granted after the above cut-off dates shall only be valid for the academic year 2014-2015.

87.4. We make it clear that no Authority/person/Council/Committee shall be entitled to vary the Schedule for any reason whatsoever. Any non-compliance shall amount to violating the orders of the Court.”

18. Coming to the present case. As is evincible, the University has not granted affiliation as the schedule for the same was over. No appeal was preferred by the appellant College. The High Court rightly held that it cannot issue a writ contrary to the judgment of this Court. However, we observe that the University shall consider the application for affiliation, if not considered already, within a span of four weeks and, if the affiliation is granted, the students who had been granted admission shall be treated as students as admitted for the academic session which would be covered by the affiliation to be granted in future. We have so directed so that the appellant College would not be in a position to admit any other student after affiliation is granted.

19. Consequently, the appeal stands dismissed. There shall be no order as to costs.

[Shiva Kirti Singh] New Delhi;

June 29, 2016