Court No. - 41
Case :- WRIT - C No. - 14872 of 2019 Petitioner :- Vivekanand Gramodyog Post Graduate College Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Uma Dutt Shukla,Ashish Mohan Srivastava Counsel for Respondent :- C.S.C.,Neeraj Tripathi,Rohit Pandey
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for respondent nos. 1 and 3, Sri Neeraj Tripathi, learned counsel appearing for respondent no. 2 and Sri Rohit Pandey, learned counsel for the respondent no. 4 and 5.
Learned counsel for the petitioner has submitted that the petitioner is running a institution in the name of Vivekanand Gramodyog Mahavidyala Shiksha Prasar Samiti, Debiyapur, Auraiya since 1972 and the said institution started B.Ed. course in the year 2011. The University has granted temporary affiliation and thereafter the petitioner applied for permanent affiliation from time to time and there is report of inspection committee in favour of the petitioner even though the University has granted temporary affiliation for only one year every time. Now the application of the petitioner for permanent affiliation is again pending for Session 2019-20 on which after inspection, the University has to take decision. It is further submitted that after inspection of institution for Session 2019-20, if the report is in favour of petitioner for grant of permanent affiliation, University may be directed to grant permanent affiliation as were granted on earlier occasions.
Sri Rohit Pandey, learned counsel for the University has submitted that on every occasion certain deficiencies were found, which was also mentioned in the affiliation letter issued by University. It is further submitted that under the provisions of Section 37(2) of the Uttar Pradesh State University Act, 1973 the petitioner has no right for grant of permanent affiliation, but even though in case petitioner's institution is fulfilling all requirements for grant of affiliation, there is no occasion for University to not grant permanent affiliation.
Considering the facts and circumstances of the case, this writ petition is disposed of with direction to the Registrar of the University to consider the matter after obtaining report of the inspection committee for grant of permanent affiliation and after analyzing the same, if the petitioner's institution is fulfilling all requirements for grant of permanent affiliation, proposal shall be placed before the affiliation committee alongwith its comments and the affiliation committee shall also consider the same in accordance with law and even if it is found that the petitioner's institution is fulfilling all required norms, the matter shall be placed before the Executive Council alongwith recommendation. Thereafter Executive Council shall consider the same in accordance with law and if no deficiency is found, shall pass order for grant of permanent affiliation. Aforesaid exercise shall be completed before last date of grant of affiliation fixed by the competent authority.
Order Date :- 29.4.2019 Rmk.