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Subharati K.K.B. Charitable Trust & Another v. State Of U.P. Thru' Principal Secy. & Others - WRIT - C No. 68350 of 2005 [2005] RD-AH 7708 (16 December 2005)


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                                                                                       Court No.38

Civil Misc. Writ Petition No. 68350 of 2005

Subharati K.K.B. Charitable Trust & another


State of U.P. & others

Hon'ble Vineet Saran, J

Petitioner No. 1, Subharati K.K.B. Charitable Trust is running several colleges, which includes the Subharati Dental College, petitioner no. 2. The said Dental College has permanent affiliation from Dr. B.R.Ambedkar University, Agra (Agra University) for running its B.D.S. course, which was granted to them on 20.8.2003. Then on 14.1.2004, after the essentiality certificate for starting M.D.S. course had been granted by the State Government, the Agra University granted permission to the petitioner no. 2-Dental College to start M.D.S. course in nine specialties, which according to the University has subsequently been withdrawn on 20.1.2005. Thereafter, on 6.10.2004, the petitioner no. 2 applied to the respondent-Agra University for permanent affiliation for running M.D.S. course. After filing of such an application, the petitioner has been regularly sending reminders as well as approaching respondents no. 2 and 3-Agra University  for grant of such affiliation, but no orders have yet been passed on the same. In the aforesaid facts, the petitioners have filed this writ petition, with the prayer for a direction in the nature of mandamus commanding the respondents no. 2 and 3 (Agra University) to conduct inspection with regard to permanent affiliation of M.D.S. course for the academic Sessions 2004-05 and 2005-06 and forward its report to the Chancellor for grant of affiliation. A further prayer has also been made for a direction to the respondents to grant affiliation to the petitioner's college for M.D.S. course for the Sessions 2004-05 and 2005-06.

I have heard Sri R.N.Singh, learned Senior Counsel assisted by Sri Anurag Khanna, on behalf of the petitioners, as well as Sri Mahendra Pratap, learned counsel appearing for respondent no. 1 and Sri Pankaj Mithal, learned counsel appearing for respondents no. 2 and 3. Counter and rejoinder affidavits have been exchanged between the petitioners and the respondent-Agra University. Counter affidavit has also been filed on behalf of respondent no.1, to which no rejoinder affidavit has been filed. However, with the consent of the learned counsel for the parties, this writ petition is being disposed of at the admission stage itself.

At the very outset learned counsel for the petitioners made a statement that he is only pressing his first prayer with regard to a direction to the Agra University to conduct inspection with regard to permanent affiliation of M.D.S. course for the academic session in question and forward its report to the Chancellor for grant of affiliation.

Chapter XII of the First Statute of the Agra University deals with affiliated colleges and affiliation of new colleges. Statute 12.08, 12.09 and 12.10 are the relevant Statutes wherein it has been provided that the Vice Chancellor, if satisfied, shall place the application for affiliation of a college before the Executive Council, which shall appoint a panel of inspectors; and that ordinarily an inspection shall be completed within four months of the receipt of an application for affiliation. It is also provided that the process of grant or refusal of application shall ordinarily be completed before 15th May of the year in which it is proposed to start classes.

The submission of the learned counsel for the petitioners is that although the application was filed on 6.10.2004, the same has not been decided by the respondent-University even though the period of four months has expired long back and the date 15th May, 2005 has also passed more than six months back. In such circumstances, it has been prayed that their application, which is pending and for which several reminders have already been sent to the Agra University, should be directed to be decided at the earliest, as the Dental Council of India is to conduct inspection of the college in January, 2006, for which, according to the petitioners, affiliation of the college from the University is necessary.

Sri Pankaj Mithal, learned counsel for the respondent-University, however, stated that since the petitioners did not fulfill the conditions  for affiliation, their application was not forwarded to the Executive Council.

Be that as it may, since the Statutes provide that the application for affiliation should ordinarily be decided within a period of four months and now more than 14 months have passed since the filing of such application, in my view, the petitioners are entitled to a direction from this Court to the respondent-Agra University to decide the said application. This may not be construed to mean that any directions are being given by this Court to grant affiliation. The direction is that the Agra University shall examine the application on merits and pass appropriate orders.

As has been pointed out, the Statute 12.08 provides that "if Vice Chancellor is satisfied with regard to matters in the preceding Statutes, the application shall be placed before the Executive Council . . . . . . ." This would mean that the first step is to be taken by the Vice Chancellor to place the matter before the Executive Council, if he is so satisfied that the same deserves to be placed. Accordingly, it is provided that the Vice Chancellor of the Agra University, respondent no. 2, shall immediately pass a speaking and reasoned order with regard to placing of the application of the petitioners before the Executive Council for appointment of panel of inspectors, at the earliest, but not later than 10.1.2006. It is further provided that, in case if the Vice Chancellor is satisfied that the application should be placed before the Executive Council, the same shall be placed in the very next meeting of the Executive Council for appointment of panel of inspectors to inspect the College and make a detailed report on all relevant matters.

With the aforesaid directions, this writ petition is finally disposed of. No order as to costs.




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