C. M. Nayar, J. ( 1 ) THE petitioners have approached this Court for a writ of certiorari for quashing the impugned communication dated Novembier 1, 1995 issued by University of Delhi, respondent No. I, refusing to grant affiliation to Priyadarshani College of Computer, respondent No. 2. ( 2 ) THE petitioners are the students of the said College which, it is alleged, was registered under the Societies Registration Act on December 24,1990 for imparting education in the field of Computer Science. It is a four years course and each year is divided into two semesters. Thus, the students admitted in the fir stbatch are presently, it is alleged, studying in VIII Semester and are soon going to complete the above said four years course. Respondent No. 3 is a statutory body vested with the Authority for formulation of norms and standards, maintaining paritty of certification and awards etc. and for ensuring coordination and integrated disvelopment of technical and management education. The said respondent is also to grant approval for starting new technical institutions, introduction of new courses and programmes. In the year 1991 respondent No. 2 applied for recognition and for affiliation to the University of Delhi which has not been granted till date. It is further stated that respondent No. 3,. however, granted approval. The University of Delhi vide communication dated November 1, 1995 wrote to respondent College as follows: "the Secretary, Priyadarshini College of Computer Sciences, 273, Shaheed Captain Gaur Marg, Srinivaspuri, New Delhi-110065 Sub: Affiliation of Priyadarshini College of Computer Sciences to Delhi University. Dear Sir, Please refer to your letter dated 5th June, 1995 on the subject. The matter has been considered by the University at apropriate level. It is regretted, the University has its constraints to accept your proposal regarding affiliation of Priyadarshini College of Computer Sciences to Delhi University. Yours faithfully, sd/- DY. RF GISTRAR (COLLEGES)"the University of Delhi has taken the stand that (a) the petitioners have taken admission in the college not recognised by Delhi University and. for las t number of years have carried out their courses of study. No assu rance was ever held out by the University that the Institute would be given recognition.
Yours faithfully, sd/- DY. RF GISTRAR (COLLEGES)"the University of Delhi has taken the stand that (a) the petitioners have taken admission in the college not recognised by Delhi University and. for las t number of years have carried out their courses of study. No assu rance was ever held out by the University that the Institute would be given recognition. Therefore, the candidates including the petitioners who have taken admission in unrecognised Institute cannot make out a grievance for the same; (b) the admission to the course in the Delhi University is made after extremely competitive examination and meritorious candidates are selected in order of merit. The petitioners cannot be made to prejudice the value of the degree granted to students who have taken admission in a competitive examination by seeking equalisation with them; (e) All India Council for Technical Education have only granted permission as late as on July 26, 1995 which cannot have any retrospective application to students like the petitioners who have carried out Courses number of years prior to that; (d) the University of Delhi is willing to consider the application of the College/institute prospectively for the year 1997 subject to fulfilment of the conditions laid down in the letter of the Vice Chancellor dated December 27, 1995. ( 3 ) THE admitted fact, however, is that the University of Delhi has not granted recognition to respondent No. 2 college as it had failed to fulfil the conditions laid down in the Vice Chancellor s letter as stated above. The students, including the petitioners who have put in years of study in the College have, therefore, been left without any appropriate degree which could be awarded if they had been enrolled in a recognised Institute. They are, therefore, placed in a predicament that though they studied for completion of the Course no degree could be awarded to them. The respondent college has obviously acted in an irresponsible manner to advertise for admission without taking adequate steps to obtain affiliation from the University of Delhi. In this background, the learned Counsel for the petitioners has fairly conceded that this writ petition against the University of Delhi cannot succeed as no full compliance has been made to the conditions as laid down by the University of Delhi for recognition and affiliation.
In this background, the learned Counsel for the petitioners has fairly conceded that this writ petition against the University of Delhi cannot succeed as no full compliance has been made to the conditions as laid down by the University of Delhi for recognition and affiliation. He, however, contends that the Rohilkh and University, Bareilly is willing to grant affiliation to respondent College and a communication dated January 9, 1996 in this regard has been received from that University. The same reads as follows: "sri Ali Siddiqui, 273, Shaheed Captain Gaur Marg, Srinivaspuri, New Delhi-110 065 Sir, I have to invite your kind attention to your office letter No. ESC/pccs-1330/ 95 dated December, 15, 1995 regarding affiliation to this University of Priyadarshini College of Computer Sciences. In this connection I have to say that in principle University agrees to affiliate the college subject to the following conditions : 1. Kindly send four extra copies of the proposal. 2. You have to obtain No Objection Certificate from the Central Government, Ministry of Human Resources, New Delhi. 3. You have to seek No Objection Certificate from the Government of Uttar Pradesh, Lucknow. 4. You have to pay prescribed fee for affiliation after fulfilling the conditions 1 to 3 above. 5. University will appoint its Experts Committee for inspection and after satisfactory report of the same further steps will be taken accordingly. Yours faithfully, sd/- Dr. (B. L. Arya) Registrar. " ( 4 ) THE question now arises as to whether the Central Government, Ministry of Human Resources and Development can grant No Objection Certificate as required by the Rohilkh and University. In this context reference has been made to the provisions of Section 5 of the Delhi University Act, 1922 which reads as follows : "5. (1) Save as otherwise provided in this Act, the powers of the University conferred by or under this Act other than those conferred by Sub-Clause (d) of Section 4 shall not extend beyond the limits of the State of Delhi and notwithstanding anything in any other law for the time being in force, no educational institution beyond those limits shall be associated with or admitted to any privileges of the University.
(2) Notwithstanding anything in any other law for the time being in force, no educational institution within the afore-mentioned limits shall be associated in any way with or be admitted to any privileges of any other University incorporated bylaw in India, and any such privileges granted by any such other University to any educational institution within those limits prior to the commencement of this Act shall be deemed to be withdrawn on the commencement of this Act: Provided that the Central Government may by order in writing, direct that the provisions of this sub-section shall not apply in the case of any institution specified in die order. " ( 5 ) THE reading of the above provision will indicate that the Central Government is empowered to direct that the provisions of Sub-section (2) of Section 5 shall not apply in the case of the Institution, as referred to in Section 5. The Central Government has now filed an affidavit giving certain proposals which are so stated in paragraph 4 and the same read as follows : " (I) The College may grant Diploma instead of Degree, as per recognition granted to it by the All India Council of Technical Education; or (j) The College may immediately shift its headquarters to Noida, alongwith as many of its facilities as can be shifted without delay. The residuary facilities may continue in Delhi for some time more, say six months or so, depending on the orders of the Court. This interim arrangement should be governed by an undertaking given to the Court by the College. With the headquarters and considerable facilities having been located in the State of Uttar Pradesh (NOIDA) there does not appear to be any legal bar on part of the Rohilkhand University, Bareilly to grant affiliation to the College, subject to its fulfilment of the requirement laid down by die University for affiliation and subject to the conditions, if any, imposed by the State Government as required under the Uttar Pradesh State Universities Act, 1973. It would, however, be upto the Rohilkhand University to take a final decision in the matter. " ( 6 ) THE Central Government is clearly entitled to issue No Objection Certificate subject to the conditions which may be considered necessary to be imposed.
It would, however, be upto the Rohilkhand University to take a final decision in the matter. " ( 6 ) THE Central Government is clearly entitled to issue No Objection Certificate subject to the conditions which may be considered necessary to be imposed. In the above background to safeguard the interest of the petitioners and other students similarly situated who have already put in number of years of study with respondent college, the following directions are necessary in the interest of justice : (1) The Central Government shall grant No Objection Certificate to respondent College so that it can apply to the Rohilkhand University, Bareilly for affiliation; (2) Respondent College shall shift its headquarters to Noida / Greater Noida, U. P. immediately and not later than a period of three months with facilities that can be shifted without delay. The residuary facilities may continue in Delhi till the commencement of the next academic year which it is stated will start from July, 1997; (3) Respondent College shall file an undertaking that it will shift to Noida / Greater Noida, U. P. within the period as specified above. Let that undertaking be filed within two weeks from today; (4) The respondents shall also approach Rohilkhand University and the State of U. P. for further necessary relief as permissible in law when the Central Government issues no Objection Certificate . The writ petition is disposed of in the above terms and the petitioners are held not entitled to any other relief. There will be no order as to costs.