C/M. VIDHYARTHI DEGREE COLLEGE, JAGDISHPUR BARDHIHA versus STATE OF U.P. THRU' ITS SECY. HIGHER EDUCATION & ORS.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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C/M. Vidhyarthi Degree College, Jagdishpur Bardhiha v. State Of U.P. Thru' Its Secy. Higher Education & Ors. - WRIT - C No. 69837 of 2005 [2005] RD-AH 5927 (18 November 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. W.P. No. 69837 of 2005

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

We have heard learned counsel for the petitioners and Sri Neeraj Tripathi for the Chancellor.

It has been alleged by the learned counsel for the petitioners that the institution of the petitioner has been granted recognition by the N.C.T.E. Thereafter, for the purpose of grant of affiliation, a panel was appointed by the University, which also made a favourable recommendation for the purposes of affiliation. The Chancellor by the impugned order dated 27.9.2005/1.10.2005 (Annexure-10 to this writ petition), has refused to grant the affiliation without assigning any reasons for the same.

When recognition has been granted by the N.C.T.E., and the University panel has also made a favourable recommendation for grant of affiliation, the minimum that is expected from the Chancellor while refusing to grant affiliation is cogent reasons for not agreeing to grant affiliation despite the recognition by the N.C.T.E., and despite the recommendation of the University panel. No such reason has assigned. Therefore, we allow the writ petition and set-aside the impugned order of the Chancellor requiring the Chancellor to examine the matter a fresh by a reasoned order, which may be passed with regard to the academic session 2005-2006, if possible within three weeks of the date on which certified copy of this order is presented before the Chancellor.

The writ petition is disposed of as above.

Dated : November 18, 2005

AM/-

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