JUDGMENT : - R. K. Agrawal, J. 1. THE present special appeal has been filed by the Chairman and the Principal of Sri Gopichand College of Pharmacy and Management, Ahera, district Baghpat, challenging the judgment and order dated 7.2. 2002 passed by the learned single Judge in Civil Misc. Writ Petition No. 24130 of 2001, whereby the writ petition filed by respondent Nos. 1 to 15 has been allowed and a writ of mandamus was issued to the respondent Nos. 2 to 4, i.e., the present appellants and the Chairman of Ram Ish Institute, NOIDA, district Ghaziabad to comply with the order of the Vice Chancellor dated 31.5.2001 within a period of three weeks. 2. BRIEFLY stated the facts giving rise to the present special appeal are as follows : "According to the respondents-writ petitioners, they have appeared in the Uttar Pradesh, State Engineering Admission Test, 1999 (in short U. P. SEAT 99) for getting admission in B. Pharma 1st year course conducted by the Institute of Engineering and Technology, U. P. Lucknow. They qualified in the said admission test and were allotted free seats. The admission committee allotted them Sri Gopichand College of Pharmacy and Management, Baghpat (hereinafter referred to as the Baghpat College). According to the respondents-writ petitioners after depositing the requisite amount relating to admission fee, examination fee and other expenses, they were granted admission in the said college. It may be mentioned here that at the time when the admissions were granted to the respondents writ petitioners, the Baghpat College was affiliated with Ch. Charan Singh University, Meerut. It is alleged that after getting admissions, they were being harassed by the college authorities. They completed 1st year B. Pharma Course and appeared in the examination. The students for the year 1999-2000 and 2000-01 took recourse to the path of agitation against the mis-management and harassment meted out to them. They made complaints to the Vice Chancellor, Ch. Charan Singh University, Meerut, as also to the State Government. It appears that on the basis of the complaints/ representations made by the petitioners, the State Government directed the District Magistrate, Baghpat, to hold an enquiry in the matter, who submitted his report. They made complaints to the Vice Chancellor, Ch. Charan Singh University, Meerut, as also to the State Government. It appears that on the basis of the complaints/ representations made by the petitioners, the State Government directed the District Magistrate, Baghpat, to hold an enquiry in the matter, who submitted his report. On the basis of the said report, the State Government directed to transfer those students of 1st year B. Pharma course of the Baghpat college to other institutions according to the options given by the students in accordance with merit on the basis of the marks obtained in the first year examination. The State Government further gave instructions for giving protection to the students. A tripartite meeting was held by the Vice-Chancellor of Ch. Charan Singh University on 31.5.2001 in which the Chairman and Director of Baghpat college and Ram Ish Institute, NOIDA, (hereinafter referred to as the NOIDA Institute) participated and it was unanimously, decided that 18 students of B. Pharma IInd year studying in the Baghpat College be transferred to the NOIDA Institute. The respondents writ petitioners approached the NOIDA Institute for admission, but were not granted any admission. The respondents-writ petitioners also approached the Baghpat college for issuing transfer certificate/No objection certificate, but they were not issued. Faced with this situation the respondents-writ petitioners approached this Court under Article 226 of the Constitution of India by means of a writ petition." In the counter-affidavit filed in the writ petition on behalf of the Baghpat college, a plea was taken that all these respondents-writ petitioners have been admitted on payment seats and they have not paid the full amount of fee. Further, inter-institutional, transfers of 1st year students have been banned by the State Government vide Government order dated 13.12.1991. 3. THE learned single Judge by means of impugned judgment held that the order dated 31.5.2001 passed by the Vice Chancellor by which the respondents-writ petitioners have been transferred to NOIDA Institute has not been challenged by the college in any forum, therefore, this order is binding on them. 3. THE learned single Judge by means of impugned judgment held that the order dated 31.5.2001 passed by the Vice Chancellor by which the respondents-writ petitioners have been transferred to NOIDA Institute has not been challenged by the college in any forum, therefore, this order is binding on them. THE plea of admission made on payment seat was not accepted on the ground that the Baghpat college has not produced any material to show that the respondents-writ petitioners have been admitted on payment seats and the admission letter issued by the college authority did not make any mention as to whether the admissions have been made on payment seats or free seats and thus, it was held that the admissions were made on free seats. Accordingly, the learned single Judge allowed the writ petition and issued a writ of mandamus to the Chairman and Principal of the Baghpat college as also the Chairman and Principal of the NOIDA Institute to comply with the order of the Vice-Chancellor dated 31.5.2001. THE said order is under challenge in the present special appeal. 4. WE have heard Dr. R. G. Padia, learned senior counsel assisted by Sri Prakash Padia for the appellants and Sri V. M. Zaidi, learned counsel appearing on behalf of the respondents-writ petitioners. Learned counsel for the appellants submitted that the writ petition itself was not maintainable as there was no existing cause of action and there was no legal provision, which could be said to have been violated. In any event in view of the Government order dated 13.12.1991, which had put a complete ban on inter-institutional transfer in respect of technical education at degree level, the respondents writ petitioners cannot claim any transfer from the appellant's college to the NOIDA Institute. He further submitted that the Vice Chancellor, Ch. Charan Singh University, Meerut, had no jurisdiction to pass any order directing the transfer of the respondents-writ petitioners from the appellant's college to another college in exercise of powers under Section 13 of the U. P. State Universities Act, 1973. According to him, the U. P. Technical University Act, 2000, has been enacted and has come into existence on 8.5.2000 and thus, the Vice Chancellor Ch. Charan Singh University had no jurisdiction to pass any order after 26.7.2000 when Section 4 of the said Act was enforced. Dr. According to him, the U. P. Technical University Act, 2000, has been enacted and has come into existence on 8.5.2000 and thus, the Vice Chancellor Ch. Charan Singh University had no jurisdiction to pass any order after 26.7.2000 when Section 4 of the said Act was enforced. Dr. Padia further submitted that all the respondent-writ petitioners were admitted on payment seats and as they have not deposited the full fee, they cannot be transferred and they are not entitled for transfer. 5. SRI V. M. Zaidi, learned counsel for the respondents-writ petitioners, however, submitted that all the respondents-writ petitioners have been admitted against free seats in the Baghpat College pursuant to the entrance examination held in the year 1999, i.e., U. P. SEAT, 1999. At that time the said college was affiliated to Ch. Charan Singh University, Meerut. He further submitted that because of lack of infrastructural facilities and the harassing attitude of the college authorities, the students of B. Pharma Part I and Part II, who were studying in the said college started agitation, whereupon, the State Government entrusted the District Magistrate to hold an enquiry and submit his report. Acting on the basis of the said report, the State Government itself transferred all the students of B. Pharma 1st year Course, who were admitted pursuant to U. P. SEAT, 2000, admission to K. N. Modi Institute of Pharmaceutical and Research, Modinagar, vide order dated 29.5.2001 and since the respondents-writ petitioners were admitted pursuant to the admission test of U. P. SEAT, 1999 when U. P. Technical University Act, 2000 was not in force, the Vice Chancellor, Ch. Charan Singh University, Meerut, in a tripartite meeting in which the Chairman and Director of both the colleges have agreed for transfer, passed an order transferring the respondents-writ petitioners. He further submitted that the Vice Chancellor, Ch. Charan Singh University, Meerut, was thus, fully justified in ordering transfer of the respondents writ petitioners from the Baghpat College to NOIDA Institute. He further submitted that the Government order dated 13.12.1991 is not at all applicable in the present case, inasmuch as, the said Government order specifically related to certain colleges in which the present two colleges have not been mentioned. He further submitted that the Government order dated 13.12.1991 is not at all applicable in the present case, inasmuch as, the said Government order specifically related to certain colleges in which the present two colleges have not been mentioned. According to him the Vice Chancellor was perfectly well within his jurisdiction to exercise his power under Section 13 of U. P. State Universities Act, 1973 and the provisions of the U. P. Technical University Act, 2000, is not applicable to the respondents-writ petitioners, who were pursuing their studies in the technical institution in any other college or institutions, which were existing on the date of commencement/enforcement of the Act. He specifically referred to Section 4 of U. P. Technical University Act, 2000. Lastly, he submitted that the Chairman and Director of both the colleges having given their consent in the meeting held on 31.5.2001 for transfer of the respondents-writ petitioners are estopped from taking altogether a different stand. 6. ACCORDING to Sri V. M. Zaidi, all the respondents have been admitted on free seats and not on payment seats. Having heard the learned counsel for the parties, I find that the plea of the applicability of the provisions of U. P. Technical University Act, 2000, was not raised by the appellants before the learned single Judge. However, since it goes to the root of the matter, the provisions of the said Act has to be examined. Section 4 of the U. P. Technical University Act, 2000, reads as follows : "4. Territorial exercise of powers.-(1) The university shall, in the exercise of its powers under this Act, have jurisdiction over the whole of Uttar Pradesh. However, since it goes to the root of the matter, the provisions of the said Act has to be examined. Section 4 of the U. P. Technical University Act, 2000, reads as follows : "4. Territorial exercise of powers.-(1) The university shall, in the exercise of its powers under this Act, have jurisdiction over the whole of Uttar Pradesh. (2) Every college or institution other than an existing college, imparting technical education in the State on the date of the commencement of this Act shall, with effect from such date as may be notified in this behalf by the State Government, be deemed to be affiliated to the university established under Section 3 and shall cease to be affiliated to, or associated with the university established by or under the Uttar Pradesh State Universities Act, 1973, hereinafter referred to in this section as erstwhile university : Provided that a student pursuing his study in technical education in any college or institution, other than existing college, on the date of such commencement, shall be entitled and be allowed to continue and complete such study under the erstwhile university after such commencement and the erstwhile university shall hold examination of such student and confer degree or any other academic distinction on him in accordance with the procedure in force for the time being in the erstwhile university." 7. FROM a reading of the aforesaid provisions, it is seen that all those students, who have been admitted in a technical course prior to enforcement of this section are to be governed by the universities to which the said college/institution is affiliated. It is not in dispute that all the respondents-writ petitioners have been admitted in B. Pharma 1st year course in the Baghpat College in the year 1999, i.e., prior to coming into force of the U. P. Technical University Act, 2000 and have been pursuing their studies in technical education in the said college, which during the relevant period was affiliated to Ch. Charan Singh University. Thus, they are excluded from the applicability of Section 4 of the aforesaid Act as their case squarely falls under the proviso to Section 4 of the said Act. In this view of the matter, the objection raised by Dr. Padia that the Vice Chancellor, Ch. Charan Singh University. Thus, they are excluded from the applicability of Section 4 of the aforesaid Act as their case squarely falls under the proviso to Section 4 of the said Act. In this view of the matter, the objection raised by Dr. Padia that the Vice Chancellor, Ch. Charan Singh University, Meerut, was not at all authorised to order transfer of the respondents-writ petitioners from the appellants college to another college cannot be sustained as he could exercise such a power under Section 13 of the U. P. State University Act, 1973. Moreover, the State Government was conscious of the fact that it had no jurisdiction to order transfer of students of B. Pharma IInd year course from one college to another, as they were admitted prior to the coming into force of U. P. Technical University Act, 2000 and that is why it had issued directions for transfer of the students of B. Pharma 1st year course from one college to another college. It is seen from the order dated 31.5.2001, that the Chairman and the Director of both the colleges were present in the meeting held by the Vice Chancellor, Ch. Charan Singh University, Meerut and they had agreed to the proposal of transfer of these respondents-writ petitioners. Thus, the appellants, who were party to the proceedings before the Vice Chancellor, which culminated into the order dated 31.5.2001, cannot be permitted to resile. 8. SO far as the question as to whether the respondents-writ petitioners were admitted on payment seats or on free seats in the Baghpat College is concerned, it may be mentioned here that it was a specific case of the respondents-writ petitioners that they have been admitted on free seats whereas the stand taken by the Baghpat College was that they have been admitted on payment seats. The College authorities did not produce any material before the Court to establish that the respondents-writ petitioners have been admitted against payment seats. From a perusal of the Brochure annexed with the affidavit filed along with Stay Vacation Application No. 40367 of 2002 by the respondents writ petitioners, it appears that a student was required to pay a total sum of Rs. 32,000 per year for free seat and Rs. 68,000 against payment seats. The respondent-writ petitioners have deposited the amount of fee towards free seats only. 32,000 per year for free seat and Rs. 68,000 against payment seats. The respondent-writ petitioners have deposited the amount of fee towards free seats only. The appellants have not produced any document to show that the respondent-writ petitioners have been admitted against payment seats. The stand taken by the respondents-writ petitioners that they have been admitted on free seats appears to be justified. In this view of the matter, it is held that the Vice Chancellor, Ch. Charan Singh University, Meerut, was well within his jurisdiction to order transfer of the respondents-writ petitioners from the Baghpat College to the NOIDA Institute. In view of the foregoing discussions, we do not find any legal infirmity in the order passed by the learned single Judge. The special appeal fails and is dismissed.