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C/M. SHREE RAGHUVEER SARAN AND ANOTHER versus CHANCELLOR DR. B. RAO AMBEDKAR UNIVERSITY AND OTHERS

High Court of Judicature at Allahabad

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C/M. Shree Raghuveer Saran And Another v. Chancellor Dr. B. Rao Ambedkar University And Others - WRIT - C No. 14777 of 2006 [2006] RD-AH 6227 (22 March 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 36

Civil Misc. Writ Petition No. 14777 of 2006

Committee of Management,

Shree Raghuveer Saran

Degree College & Anr. ------- Petitioners

Versus

Chancellor & Ors. ------- Respondents

     ----------------

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

We have heard learned counsel for the petitioner, Shri Neeraj Tripathi for the Chancellor, Shri Anil Tiwari for the University and learned Standing Counsel for the State.

The petitioner's college known as Raghuveer Saran Degree College, Agra was granted recognition by the NCTE under Self Financing Scheme for B.Ed. Course. It was also granted temporary affiliation by the respondent University for the academic session 2004-05. However, for the current academic session 2005-06, the Chancellor by his order dated 26.9.2005 has refused to continue the affiliation.

The order of the Chancellor is a non-speaking order. It does not contain any reasons, and therefore, we tried to find out the reasons from the inspection report of the University which is dated 31.7.2005 and a copy of which is enclosed with this writ petition. There are four objections in the report, which are as follows:

"1. No sufficient books, reference books and Journals are available in the college Library.

2. Psychology Laboratory is not well equipped.

3. Science Laboratory is not well equipped.

4. There are 4 approved teachers and 3 unapproved teachers in the college."

The first three objections should be made good by the petitioner and explained in his representation to be made to the Chancellor along with a certified copy of this order within three weeks from today. These objections will indicate all the books, reference books and Journals that are available in the Library and what are the equipments available in the Psychological Laboratory and the Science Laboratory as on the date his representation is made. The contention of the petitioner in the representation may be got verified by the Chancellor before taking a final decision.

So far as the fourth objection is concerned, the petitioner has filed notarised original affidavits of the 8 teachers, who had been approved by the University on 24.6.2004. A copy of the approval is to be found on page 35 of this paper book. In view of these original notarised affidavits, all these 8 teachers, which say that they are teaching in the said college and they will continue to teach for current academic session 2005-06, we permit the petitioner to submit fresh original affidavits of all these 8 teachers to the Chancellor along with petitioner's representation. All these aspects will be considered by the Chancellor while taking a fresh decision  with reasons at his earliest convenience.

Order of the Chancellor dated 26.9.2005, Annexure 1 to this writ petition is set aside.

Till the fresh decision of the Chancellor or till the end of the current academic session 2005-06 whichever is earlier, the temporary affiliation granted to the petitioner's institution will be deemed to continue.

Writ petition is allowed to the above extent.

22.3.2006

VKS


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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