Court No. - 41
Case :- WRIT - C No. - 19242 of 2019 Petitioner :- Hanumat Dutt Tripathi Mahavidyalaya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Salilendu Kumar Upadhyay,Mr. Radha Kant Ojha Senior Advocate Counsel for Respondent :- C.S.C.,Sapan Kumar Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for respondent no. 1 and Sri Sapan Kumar Singh, learned counsel for the respondent nos. 2 and 3.
Learned counsel for the petitioner has submitted that there is Society namely Shri Sita Ram Radha Krishna Lok Sewa Evam Shiksha Samiti, Village Garapur (Madhopur), Post Office Sikandara, District Prayagraj duly registered under the Societies Registration Act, 1860 (hereinafter referred to as Act, 1860) and Society has established an institution namely Hanumat Dutt Tripathi Mahavidyalaya, Village Garapur (Madhopur), Post Office Sikandara, District Prayagraj to run the Bachelor of Arts (B.A.) and Bachelor of Science (B. Sc.) classes. Accordingly, an application was submitted by the petitioner to carry out inspection for grant of affiliation. Inspection was conducted on 17.6.2018, but no decision has been taken by the University. Ultimately, petitioner has received a letter on 1.5.2019 directing him to provide certain documents, which was duly replied by petitioner on the very same day i.e. 1.5.2019, but again till now the matter is pending with the University. Lastly, he prayed that a suitable direction may be issued to the University to decide the matter of affiliation of the petitioner considering the reply submitted by him.
Sri Sapan Kumar Singh, learned counsel for the respondent nos. 2 and 3 has submitted that he has no objection to the prayer may by petitioner and submitted that decision in the matter of affiliation of the petitioner institution shall be taken very shortly.
Considering the facts and circumstances of the case, this petition is disposed of with a direction to the respondent no. 3 to consider and decide the matter of affiliation of the petitioner in accordance with law maximum within a period of four weeks from the date of production of certified copy of this order.
It is made clear that the Court has not adjudicated the matter on merits. It is upon the respondent no. 3 to decide the matter of affiliation of the petitioner after considering the facts of the case as well as Rules occupying the field.
Order Date :- 31.5.2019 Rmk.