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C/M BABA RAGHAVDAS BHAGWANDAS MAHILA MAHAVIDYALAYA versus STATE OF U.P. THRU' SECY. HIGHER EDUCATION & ORS.

High Court of Judicature at Allahabad

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C/M Baba Raghavdas Bhagwandas Mahila Mahavidyalaya v. State Of U.P. Thru' Secy. Higher Education & Ors. - WRIT - C No. 36888 of 2004 [2005] RD-AH 64 (5 January 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 37

Civil Misc. Writ Petition No. 36888 of 2004

Committee of Management Baba Raghavdas Bhagwandas Mahila Mahavidyalaya Ashram and another ...Petitioners

Versus

State of U.P. and others ...Respondents

****

Hon. R.K. Agrawal, J.

Hon. (Mrs.) Saroj Bala, J.

Through this writ petition, under Article 226 of the Constitution of India, the petitioners seek a writ, order or direction in the nature of certiorari for quashing the impugned order dated 19.8.2004 (Annexure-1 to the writ petition) passed by the Chancellor, Deen Dayal Upadhayay Gorakhpur University, respondent no. 2. The petitioners also seek a writ, order or direction in the nature of mandamus commanding the respondents to permit the petitioners to admit the students during academic year 2004-05 in under graduate classes, as per the recommendations of the Vice Chancellor of Deen Dayal Upadhayay Gorakhpur University, Gorakhpurmade by letter dated 26/27th May 2004 (Annexure-7 to the writ petition).

The brief facts from which the present writ petition emanates are as hereunder:

Sri Paramhansanant Shiksha Mandir Barhaj, district Deoria, a society registered under the Societies Registration Act has established a Girls Decree College named as Baba Raghavdas Bhagwandas Mahila Mahavidyalaya, Barhaj. The said society applied for grant of temporary affiliation for establishing the aforesaid educational institution. After necessary enquiry, the Chancellor vide letter dated 26.2.1 999 granted temporary affiliation for a period of three years with effect from 1.7.1998. The temporary affiliation was subsequently cancelled on 8.9.2000 on the ground that the institution did not fulfill the requisite conditions prescribed in the Statute. Against the said order of cancellation the petitioners filed Civil Misc. Writ Petition No. 47433 of 2000-Baba Raghavdas Bhagwandas Mahila Mahavidhyalaya, Deoria and another Versus State of U.P. and others. The said writ petition was disposed of vide judgment and order dated 6.8.2002 with the direction that in the event the petitioners apply for grant of affiliation the respondents shall entertain the same after the enquiry and shall take early decision in respect of the grant of affiliation to the petitioner institution in accordance with law. This Court also directed that if it is found after enquiry that the petitioners institution does not fulfill the conditions which are mandatory for grant of affiliation a reasoned order shall be passed and communicated to the petitioners. By virtue of letter dated 27.5.2004 Deen Dayal Upadhyay Gorakhpur University, made recommendation to the Chancellor for grant of affiliation to the Baba Raghavdas Bhagwandas Mahila Mahavidyaya, Barhaj. The recommendation made by the University has been turned down by the Chancellor on the grounds namely (i) the girls college does not own requisite 10,000 sq. meter land and building and (ii) regular teachers and other employees have not been appointed. The Chancellor directed the college to make arrangement of the land as per the standard prescribed and to appoint teachers and other employees and get the inspection conducted by the inspection team constituted by the University and thereafter recommendation for affiliation be sent afresh.

The impugned order has been challenged by the petitioners on the grounds inter-alia that the building of the petitioner college situates on land of which a registered lease deed of .35 decimal has been executed by Baba Raghavdas Bhagwandas Post Graduate College for a period of 30 years (Annexure-12 to the writ petition). The contention of the petitioners is that the said lease deed was appended along with the documents forwarded by the University but it eschewed consideration while passing the impugned order. According to the petitioners 3.5 acre land has been given to the petitioners college by Baba Raghavdas Bhagwandas Post Graduate College and the name of institution has been duly recorded in the revenue records, i.e. Khasra (Annexure-13 to the writ petition). Furthermore, 29.095 Hectare land which originally belonged to the Post Graduate College has been transferred to the petitioners and the name of the Girls College has been mutated in Khatauni (Annexure-14 to the writ petition). Besides, .315 Hectare land has been purchased by the petitioners by virtue of a registered sale deed and petitioners name stands mutated in the revenue records, i.e. Khatauni (Annexure-15 to the writ petition). The contention of the petitioners is that the Girls College owns land more than 70 acres, which is thirty times, more than the land required. The petitioners have stated that sufficient number of teachers were recruited and the college functioned smoothly for three years. Since the affiliation was not granted after expiry of the period of three years teachers have stopped working. According to the petitioners the recruitment of teachers and clerical staff has to be made after the grant of affiliation as per the directions of the University. The petitioners have stated that under Section 37 of the U.P. State University Act, 1973 it is the discretion of the University to admit any college, which fulfills the conditions for affiliation without previous approval of the Chancellor. The University having found the petitioners college to be fulfilling all the conditions for affiliation, the affiliation should have been granted as a matter of course without conducting any further enquiry. The contention of the petitioners is that no notice or opportunity of hearing was granted by the Chancellor before passing the impugned order.

The petitioners have filed affidavit and supplementary affidavit in support of their contentions.

We have heard Sri Ashwani Kumar Mishra, learned counsel for the petitioners, Sri Neeraj Tripathi, learned counsel appearing on behalf of the Chancellor of the University and Sri Punit Agarwal, Advocate, holding brief of Smt. Sunita Agarwal, learned counsel appearing on behalf of the University and have gone through the record of the writ petition.

The learned counsel for the petitioners submitted that the recommendation of the Vice Chancellor of Deen Dayal Upadhayay University for the grant of affiliation to the petitioner college-Baba Raghadas Bhagwandas Mahila Mahavidhyalaya, Barhaj has been rejected on the ground that the institution does not have requisite land which is condition precedent for grant of affiliation. The learned counsel argued that the Girls Degree College is running in a separate building and owns more than 20 acres of land. The learned counsel pointed out that in the revenue records the land in question has been shown in the name of Girls Degree College. It was submitted that the appointment of the teachers and the clerical staff can only be made after the grant of affiliation as per the directions of the University.

The contention of the petitioners is that 3.5 acre land of plot nos. 145,146, 177, 182, 183 and 184 was purchased by Baba Raghavdas Bhagwandas Post Graduate College Ashram Barhaj out of which 1.406 Hectare land was transferred to the Baba Raghavdas Bhagwandas Post Graduate Mahila Mahavidyalaya Ashram Barhaj as is evident from Khasra entry. The petitioner institution owns 2.346 Hectare land in the adjoining Village Bishanpura, 2400 sq. meter land in village Gaura and .35 decimal land and college building in plot no. 145M, 146M and 143M in Village Mohaon. The other land situated in Village Gaura, Mohaon and Bishanpura is at a distance of less than a Km. from the college building. The documents relating to the title of the said land have been annexed as Annexures-12, 13, 14 and 15 to the writ petition. These documents have not been considered by the Chancellor, respondent no. 2, while passing the impugned order. Prima facie, the documentary evidence annexed with the writ petition establishes that the Girls College owns land more than 10,000 sq. meter. The documentary evidence in relation to the land owned and possessed by the petitioners having not been taken into consideration while refusing the grant of affiliation, the impugned order is not sustainable in law and the matter has to be remanded back for decision afresh.

In view of the facts stated above, we allow the writ petition and set aside the impugned order and direct the respondent no. 2 to decide the matter of affiliation of Baba Raghavdas Bhagwandas Post Graduate Mahila Mahavidyalaya Ashram Barhaj, Deoria afresh on the basis of the documentary evidence annexed with the writ petition and the Commissioner's report dated 24.6.2005 submitted in compliance of the order of this Court within a period of two months from the date of production of a certified copy of this order along with the certified copies of the documents annexed with the writ petition and the report of the Commissioner. There shall be no orders as to cost.

D/-5.1.2006

Mahmood.

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