COMMITTEE OF MANAGEMENT, SAKALDIHA B. ED. COLLEGE, AKALDIHA v. CHANCELLOR, SRI VEER BAHADUR SINGH PURVANCHAL UNIVERSITY, JAUNPUR
2006-09-07
RAN VIJAI SINGH, YATINDRA SINGH
body2006
DigiLaw.ai
JUDGMENT By the Court—There is a college known as Sakaldiha B.Ed. College Sakaldiha, District Chandauli (the College). This College is affiliated with Veer Bahadur Singh Purvanchal University, Jaunpur (the University). This College was started in the year 1972 and was recognised as LT College. Subsequently, it was changed into B.Ed. College and temporary affiliation was granted for the session 2003-04. Affiliation for the session 2004-05 was rejected by order dated 21.7.2005, hence the present writ petition. 2. We have heard Counsel for the petitioners, Standing Counsel, Sri Neeraj Tripathi, Sri Anil Tiwari and Sri Rajiv Joshi for the respondents. 3. The temporary affiliation for the session 2004-05 has been rejected on the following three grounds : (i) The Principal is yet to be appointed, (ii) The teachers are yet to be appointed, and the land in the name of College is at different places. (iii) For the reasons given here-in-after, these reasons are not correct. 4. The petitioner in paragraph 14 of the writ petition has stated that appointment of principal and five teachers have been approved on 8.12.2004. This paragraph is not denied in the counter affidavit filed by the University. No other counter affidavit has been filed. In view of this atleast five teachers were appointed on the date when the impugned order was passed. The petitioner has also filed a supplementary affidavit indicating that two more teachers have been appointed subsequently. Be that as it may, the fact still remains that five teachers were appointed prior to date of passing of impugned order. This has not been considered and the first two reasons are not correct. 5. The third ground taken in the impugned order is that the land is recorded in the revenue records at different places. The petitioner in paragraph 28 of the writ petition has stated that the plots were initially in the name of LT College and thereafter are recorded in the name of B.Ed. College. 6. The plots are adjacent to each other. 7. The College has been granted affiliation since 1972 on the basis of these plots and this objection was never taken. 8. This fact has not been denied in the counter affidavit filed by the University. No other counter affidavit has been filed. In view of this, this ground is not acceptable. 9. The grounds taken are not acceptable and the order dated 21.7.2005 is quashed.
8. This fact has not been denied in the counter affidavit filed by the University. No other counter affidavit has been filed. In view of this, this ground is not acceptable. 9. The grounds taken are not acceptable and the order dated 21.7.2005 is quashed. The matter is sent back to respondent No. 1 for re-decision. It is hereby clarified that the order of rejection of affiliation was for the session 2004-05. This session as well as session 2005-06 has come to an end. No approval can be granted for these years. In view of this, the petitioner’s affiliation may be considered for the year 2006-07 at an early date if possible within two months from the date of receipt of certified copy of the order. The petitioner would be at liberty to supply other documents, if necessary, alongwith certified copy of the order. It will be open to respondent No. 1 to call report from the University, and then decide the case. The petitioner alongwith certified copy of order will also annex duly stamped self addressed envelope. Respondent No. 1 after taking decision will communicate the same to the petitioner. With these observations the writ petition is allowed. Petition Allowed. ———