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C/M. SMT. LAUNGSRI DEVI DEGREE COLLEGE HATHRAS versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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C/M. Smt. Laungsri Devi Degree College Hathras v. State Of U.P. And Others - WRIT - C No. 29354 of 2006 [2006] RD-AH 10161 (24 May 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.34

Civil Misc. Writ Petition No. 29354 of 2006

Committee of Management

Vs.

State of Uttar Pradesh & Ors.

******

Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

This petition has been filed for quashing the order dated 20.4.2006 passed by the Chancellor of Dr. B.R. Ambedkar University, Agra (hereinafter referred to as the ''University') refusing to grant permanent affiliation to petitioner Institute from the academic session 2005-06 under Section 37(2) of the Uttar Pradesh State Universities Act (hereinafter referred to as the ''Act').

A perusal of the aforesaid order indicates that detailed reasons have been indicated by the Chancellor of the University for not granting permanent affiliation.

We have heard learned counsel for the petitioner, learned Standing Counsel appearing for the Chancellor of the University and the learned Standing Counsel for the University.

Learned counsel for the petitioner has not been able to satisfy the Court that the reasons indicated by the Chancellor of the University in the impugned order are perverse. He, however, submits that the Institute shall now remove the defects indicated in the order and shall submit a fresh application to the Vice Chancellor of the University for grant of affiliation.

We, therefore, consider it expedient in the interest of justice that in the event the Institute submits a representation to the Vice Chancellor of the University pointing out that the Institute possesses the requisite number of approved teachers and also satisfies the other requirements for grant of affiliation he shall then examine the same and then submit his report to the learned Chancellor of the University for passing an appropriate order. In the event the Institute does not have the requisite number of teachers approved by the University then in that case it must take immediate steps for selection of such teachers and we have no reason to doubt that the Vice Chancellor of the University shall, if requested, send the expert(s) to participate in the meeting of the Selection Committee. The representation to the Vice Chancellor, in such circumstances, may be filed after the Vice Chancellor has granted approval to the selection of such teachers.

We have been informed that the admissions for the academic session 2005-06 have not been made as yet. In this view of the matter, if the Institute files the representation pointing out that it satisfies all the conditions, then the Vice Chancellor of the University shall examine it and send his report to the learned Chancellor of the University within a period of four weeks thereafter specifically mentioning whether the Institute possesses the requisite number of teachers approved by the University and also satisfies the other conditions required for affiliation. We also request the learned Chancellor of the University to thereafter pass an appropriate order expeditiously.

We make it clear that we have not set aside the impugned order and it is only by way of post decisional hearing that this exercise has been ordered to be undertaken.

The writ petition is disposed of subject to the observations made above.

Dt:-24.5.2006

NSC


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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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