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ADARSH KRISHNA COLLEGE OF EDUCATION versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Adarsh Krishna College Of Education v. State Of U.P. And Others - WRIT - C No. 30408 of 2006 [2006] RD-AH 10403 (26 May 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO.34

Civil Misc. Writ Petition No.30408 of 2006

Adarsh Krishna College of Education, Ruppur, Mainpuri

Vs.

State of Uttar Pradesh & Ors.

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

Hon'ble Dilip Gupta, J.

This writ petition has been filed by the Adarsh Krishna College of Education, Ruppur, Mainpuri against the impugned order dated 05.12.2006 passed by the learned Chancellor of Dr. B.R. Ambedkar University, Agra (hereinafter referred to as the ''University'), refusing to extend the temporary affiliation granted to the Institute under the provisions of Section 37 (2) of the Uttar Pradesh State Universities Act, 1973 (hereinafter referred to as the ''Act').

Shri Pankaj Mishra, learned counsel for the petitioner has submitted that the order passed by the learned Chancellor of the University is a cryptic order which makes no mention of the facts on the basis of which the conclusion have been arrived at. He has also submitted that the findings recorded by the learned Chancellor  are contrary to the evidence on record and in fact no opportunity, whatsoever, was granted by the learned Chancellor of the University to the petitioner Institute before passing the impugned order.

Shri Neeraj Tripathi, learned counsel appearing for the respondent no.2 has stated that in the event the petitioner files a detailed representation before the learned Chancellor of the University along with all the necessary documents to show that the Institute satisfies all the requirement for grant of affiliation, the learned Chancellor of the University shall pass an appropriate order in accordance with law after calling for the comments from the University.

In view of the above, we set aside the order dated 5th December, 2005 and request the learned Chancellor of the University to pass a fresh order in accordance with law in the event the petitioner Institute submits a detailed representation along with all the necessary documents for grant of affiliation within a period of three weeks from today and in case such a representation is filed, appropriate orders shall be passed expeditiously by the learned Chancellor of the University after calling for the comments from the University.

The writ petition is allowed to the extent indicated above.

26.05.2006

AHA


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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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