The petitioner no. 1 (hereinafter called as the "petitioner") is the Dental College. There is no dispute that the petitioner has been granted affiliation for the sessions 2006-07, 2007-08, 2008-09 and 2009-10. For the session 2010-11, the petitioners applied for the approval on 1.7.2010. The Government of India Ministry of Health and Family Welfare by the letter dated 21.9.2010 has granted the sanction. The University sent the necessary papers to the State Government vide letter dated 5.9.2011 for granting affiliation under Section 37 (2) of the Uttar Pradesh Universities Act, 1973. The copy of the said order is Annexure-12 to the writ petition. Along with the letter, Form A has also been sent certifying that the college fulfills all the requisite requirements and for the grant of affiliation the recommendation has been made.
Learned counsel for the petitioners submitted that since September, 2011, the State Government is seized with the matter. He further submitted that the University has issued the admit cards on 21.12.2011 as the examination is going to be held from 24.12.2011 onwards. When the admit cards have not been issued to the student of the petitioner, the present petition is being filed.
Sri Dinesh Kumar, Advocate, holding brief of Sri Anurag Khanna, Advocate, appearing on behalf of the University states that the admit cards have been issued to those students, who were given admission for the session 2010-11 but the admit cards have not been issued to those students, who have taken admission for the first time in the session 2010-11 because the affiliation has yet not been granted to the petitioner.
Learned counsel for the petitioners submitted that in the past the students have always been allowed to appear in the examination and affiliation has been granted much after the examination. In the facts and circumstances that the University has already recommended for the affiliation and has also certified that all the conditions have been fulfilled, the students may be permitted provisionally to appear in the examination.
Learned counsel for the University submitted that it would be difficult for the University to provide admit cards as their forms have yet not been examined. He further submitted that in case if the affiliation will be granted, the University will hold a special examination of these students.
Learned Standing Counsel submitted that he may be allowed some time to seek the instruction that why the matter is pending for approval.
Let the learned Standing Counsel may file counter affidavit within two weeks.
List on 10.1.2012.
As an interim measure, the University is directed to allow the petitioners provisionally in the examination going to be held on 24.12.2011 onwards by issuing admit cards subject to the scrutiny of the examination forms and the deposit fees. However, the final result may not be declared without the permission of the Court.
Certified copy of this order be provided to the learned counsel for the petitioners on payment of usual charges today.
Order Date :- 23.12.2011 OP