Court No. - 19
Case :- WRIT - C No. - 20477 of 2018 Petitioner :- Lord Buddha Educational Institute Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kr. Srivastava,Ajay Kr. Srivastava Counsel for Respondent :- C.S.C.,Avneesh Tripathi
Hon'ble Manoj Kumar Gupta,J.
The instant writ petition has been filed seeking a mandamus commanding the respondents particularly respondent Nos. 2 & 3 to accord permanent affiliation to the petitioner Institution for running B.Ed. course with annual intake of 50 seats for Academic Year 2018-19 and 2019-20.
It appears that the matter relating to grant of affiliation to the petitioner Institution for B.Ed. course was taken up for consideration in the meeting of the Executive Council of the University held on 9.5.2018. The Executive Council in the said meeting did not consider it fit to grant affiliation to the petitioner Institution, in view of certain shortcomings.
It seems that the shortcomings on account of which Executive Council declined to grant affiliation were communicated to the petitioner Institution by letter dated 3.5.2018. The case of the petitioner is that it did not receive the said letter. Therefore, after the petitioner Institution came to know of the decision of the Executive Council, it submitted a representation on 14.5.2018, and along with which the petitioner Institution also submitted documents to remove the defects pointed out. Since, no decision has been taken so far, therefore, the instant petition has been filed.
Sri Avneesh Tripathi, learned counsel appearing on behalf of the respondent University states that in view of the time frame prescribed by Supreme Court in Maa Vaishno Devi Mahila Mahavidyalaya Versus State of U.P. and others, 2013(2) SCC 617, it would not be possible to accord consideration to the request of the petitioner Institution for Academic Year 2018-19.However, he states that in case, the petitioner agrees, the University would accord consideration for next Academic Year 2019-20.
Counsel for the petitioner states that he has no objection, in case, the request is considered for next Academic Year.
Accordingly, the instant writ petition is disposed of by providing that the respondent University shall consider the request for affiliation for next Academic Year 2019-20, in accordance with law.
(Manoj Kumar Gupta, J.) Order Date :- 30.5.2018 AM/-