JUDGMENT Arun Tandon, J.
1. Heard Sri Rakesh Pandey Advocate on behalf of the petitioner, Learned Standing Counsel on behalf of respondent No. 1 and Sri Ajit Kumar Advocate on behalf of respondent Nos. 2 and 3.
2. Sri Radha Raman Mahavidhyalaya, Adarah Vidhyapith, Ruhipur, District Ghazipur through its Manager has filed this writ petition for a writ of mandamus directing the respondent University to permit the regular students of the petitioner institution to appear in B.A. Part-I Examination for the academic session 2003-2004 and for the said purpose, if necessary, to conduct supplementary examination.
3. Sri Radha Raman Mahavidhyalaya, Adarah Vidhyapith, Ruhipur, District Ghazipur applied for being granted affiliation in the subjects of Hindi, Geography, Medieval History, Political Science, Education and Social Science under the self financing scheme with Sri Veer Bahadur Singh Purvanchal University, Jaunpur. After obtaining prior approval from the Chancellor of the University, the petitioner institution was granted temporary affiliation on certain conditions in the aforesaid subjects under self financing scheme for a period of three years, commencing from 1st July, 2000, the period whereof would expire on 30th June, 2003.
4. According to petitioner, students were admitted in the institution after such affiliation and said students have also been permitted to appear in the examination conducted by the University in the aforesaid subjects at under graduate level. After expiry of the term as mentioned in the letter of the Chancellor, referred to above, i.e. 30th June, 2003, the University forwarded a letter dated 25.11.2003, Annexure 27 to the writ petition, wherein it was mentioned that the petitioner may complete all the formalities, as were directed earlier, before the end of the academic session 2003-2004 and to inform the University about the actions so taken. It was further directed that in case the institution does not carry out the aforesaid directions, the students will not be permitted to be admitted in the academic session 2004-2005 and further the University shall not be obliged to undertake examination of such candidates.
5. According to petitioner, the aforesaid letter necessarily mean that the affiliation granted to petitioner institution stood extended for the academic session 2003-2004 also and as a consequent thereto petitioner admitted students in B.A. Part-I for the academic session 2003-2004 in the concerned subjects. The University has, however, refused permission to the students of the institution to appear in the examination as regular students of the aforesaid subject in the academic session 2003-2004 on the plea that the Chancellor has not granted approval for grant of affiliation to the petitioner institution under Section 37(2) of the State Universities Act for the academic session 2003-2004 and, therefore, there being no affiliation in favour of the petitioner institution for the relevant period, the admission of students by the institution was contrary to the provisions of amended Section 37 (2) and, therefore, University is not obliged to take the examination of such student.
6. On behalf of the petitioner reference has also been made to the order passed by the Chancellor dated 25th October, 2004, whereby affiliation has been granted to the petitioner institution in respect of the same subjects, referred to above, under self financing scheme for further period of three years commencing from 1.7.2004, which is to remain valid upto 30.6.2007.
7. In view of the aforesaid fact, it is contended on behalf of the petitioner that there has been some technical mistake so far as the grant of affiliation to the petitioner institution for the academic session 2003-2004 is concerned and on the basis of the such technical lapse, committed on the part of the University itself, the students may not be permitted to suffer and the University may be insisted upon to hold examination of the regular students of the petitioner institution for the academic session 2003-2004 also.
8. On behalf of the respondent University it is contended that there being no order in writing, passed by the Chancellor granting permission for affiliation to the petitioner institution for the academic session 2003-2004, there was no justification for the petitioner institution to admit students in the said academic session nor the University is. obliged to take examination of the students, so admitted in the petitioner institution in the academic session 2003-2004.
9. On behalf of the respondent reliance has been placed upon the amended Section 37(2) (10), which provides that no admission of students shall be done by the institution if affiliation has not been granted to the institution. It is further submitted that in view of the aforesaid provisions, the students who had already. been admitted prior to academic session 2003-2004 would be entitled to undertake the B.A. Part-II and B.A. Part-III examination in the academic session 2003-2004. However, in respect of the regular students admitted for the academic session 2003-2004 in B.A. Part-I, the University is not under legal obligation to hold examination thereof.
10. I have heard Counsel for the parties and have gone through the records of the writ petition.
11. It is not in dispute that the petitioner institution was granted temporary affiliation initially for a period of three years w.e.f. 1st July, 2000, the period whereof expired on 30th June, 2003. It is also not in dispute that subsequent there to the Chancellor further granted permission for affiliation to petitioner institution for a further period of three years commencing from 1st July, 2004. The issue is as to whether during the intervening period of one year i.e. between 1st July, 2003 to 30th June, 2004 the institution was justified in admitting the students in B.A. Part-I or not, in absence of any formal order of affiliation in favour of the institution.
12. In the opinion of the Court, the letter forwarded by the University, enclosed as Annexure-2 to the writ petition, dated 25th November, 2003, which was issued much after the expiry of the period of three years of the initial affiliation granted under the order of the Chancellor, held out an assurance to the institution to admit new students in B.A. Part-I. In the stand taken by the University to the effect that affiliation of the institution had come to an end automatically on 30th June, 2003 is taken into consideration that there was no occasion for the University to forward the letter dated 25th November, 2003 requiring the petitioner institution to complete all the formalities before the end of the academic session 2003-2004, which would necessarily expired on 30th June, 2004 only. It is further worthwhile to mention that in the said letter dated 25th November, 2003 the University has categorically stated that if the conditions mentioned in the letter are not complied with, the institution shall not be entitled to admit new students for the academic session 2004-2005.
13. Admittedly, the University was aware that on 25th November, 2003 the affiliation granted by the Chancellor earlier has come to an end. There was no occasion for the University to direct that the fresh students shall not be admitted with effect from academic session 2004-2005. The letter of the University dated 25th November, 2003 leads to only one conclusion that the University was treating the affiliation of the petitioner institution to be valid up to 30th June, 2004 and it is in this background that the University has insisted that fresh students shall not be admitted in the academic session 2004-2005 unless the conditions mentioned in the letter are complied with. Even otherwise in the background that the Chancellor has granted approval for the affiliation for the subsequent period of three years commencing w.e.f. 1st July, 2004 and there being no order, by any educational authority refusing affiliation to the petitioner institution for the intervening period 30th June, 2003 to 1st July, 2004, there is little or no justification that the regular students of the institution be made to suffer because of the formal order of affiliation of the institution having not been issued by the University.
14. No adverse order having been passed against the petitioner institution in the intervening period and the institution being required to complete the formalities mentioned in the letter dated 25th November, 2003 before the end of the academic session 2003-2004 and in view of the fact that for the subsequent period the Chancellor has already granted permission for affiliation to the institution for a further period of three years, it is in the interest of justice that the University may be required to hold examination of the regular students of the petitioner institution in the aforesaid subjects, at the earliest possible.
15. It is accordingly directed that the University may conduct fresh B.A. Part-I examination in respect of the regular students of petitioner institution for academic session 2003-2004 within two months from the date a certified copy of this order is filed before the authority concerned.
16. The writ petition has been decided in the peculiar facts and circumstances of the case. The Order of this Court shall not be treated to be precedent for admitting the students by the institution without obtaining approval/affiliation of the University, in future.