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2007 DIGILAW 743 (ALL)

COMMITTEE OF MANAGEMENT INDRAVAS KUMARI MEMORIAL DEGREE COLLEGE ALLAHABAD v. STATE OF U P

2007-03-23

ASHOK BHUSHAN

body2007
ASHOK BHUSHAN, J. Heard Sri P. N. Saxena, learned Senior Advocate assisted by Sri J. P. N. Singh for the petitioners and Sri Anil Tiwari, learned Counsel appearing for respondent No. 2. 2. P. N. Saxena, learned Counsel for the petitioners, at the very outset, submitted that the writ petition is being pressed only for petitioner No. 2. The name of petitioner No. 5 has already been permitted to be deleted on the application filed by petitioner No. 5 himself by order dated 17th May, 2006. It has been stated in paragraph 13 of the supplementary affidavit filed by the petitioners that petitioners No. 1, 3, 4 and 6 had sought affiliation only for B. A. for the session 2005-06 with Veer Bahadur Singh Purvanchal University, Jaunpur (hereinafter referred to as Jaunpur University) and since the Jaunpur University has permitted the students of all colleges previously affiliated to it to appear at B. A. Part-I examination 2005-06 and their results have also been declared, grievance of the said petitioners stand satisfied. The writ petition, thus, survives only for petitioner No. 2 and has been pressed only for petitioner No. 2. In view of this, the facts pertaining to petitioner No. 2 (herein after referred as the petitioner) only are being noted for deciding the writ petition. 3. Brief facts of the case, as emerge from pleadings of the parties are; the petitioner, i. e. , Committee of Management Beni Madhav Singh Mahavidyalaya, Madhav Nagar Bigahiya, Allahabad, applied for affiliation of the College with respect to B. A. Course with the Jaunpur University. By order of the Chancellor dated 14th August, 1999, the College was granted a temporary affiliation for a period of three years from 1-7-1999 in various subjects of B. A. The said affiliation was extended by order dated 30th August, 2003 for a further period of three years with effect from 1st July, 2003. The College was also granted affiliation for B. Ed. Course by order dated 11th September, 2003 for a period of one year with effect from 1st July, 2003. It was further extended for a period of one year, i. e. , for the session 2004-05. The College was also granted affiliation for B. Ed. Course by order dated 11th September, 2003 for a period of one year with effect from 1st July, 2003. It was further extended for a period of one year, i. e. , for the session 2004-05. The State Government issued an order dated 30th November, 2004 taking the view that in accordance with the provisions of U. P. State Universities Act, 1973, Section 5 (1) read with Schedule, the Universities shall exercise their territorial jurisdiction as indicated therein. The order further directed that no proposal for grant of affiliation with effect from the academic session 2004-05 be accepted with regard to the Colleges beyond the territorial jurisdiction. It was also directed that those colleges, which were earlier granted temporary/conditional affiliation, be granted conditional affiliation for the session 2004-05. It was further directed that those colleges, which have got affiliation from the University beyond its territorial jurisdiction, they should obtain affiliation from the academic session 2005-06 from the University competent to grant affiliation. Another Government order 5th August, 2005 was issued directing that those colleges, which were earlier granted temporary/conditional affiliation in special circumstances be granted affiliation for the academic session 2005-06 and the order dated 30th November, 2004 is modified to that extent. Another Government order was issued on 5th October, 2005 providing certain details with regard to conditional affiliation for the session 2005-06. The order directed that for the first year of academic session 2005-06 affiliation be taken under the University, which has territorial jurisdiction for the college and examination of second and third year shall be conducted by the University to which college is previously affiliated. A letter dated 24th December, 2005 was written by Jaunpur University to the Registrar of Chhatrapati Shahuji Maharaj University, Kanpur (hereinafter referred to as Kanpur University) intimating about the contents of paragraph 3, Point No. 2 of the letter dated 5th October, 2005. A letter dated 24th December, 2005 was written by Jaunpur University to the Registrar of Chhatrapati Shahuji Maharaj University, Kanpur (hereinafter referred to as Kanpur University) intimating about the contents of paragraph 3, Point No. 2 of the letter dated 5th October, 2005. A writ petition was filed by petitioner alongwith other petitioners being Writ Petition No. 6762 of 2006 in which an interim relief was granted by this Court on 6-2-2006 staying the order dated 24th October, 2005 and directing the University to issue admit cards to the students of first year admitted in August, 2005 in B. A. Part-I. In its order dated 6th February, 2006 this Court relied on an earlier interim order dated 10-1-2005 passed in Writ Petition No. 274 of 2006. However, the interim order dated 6th February, 2006 provided that in the next academic session each one of the students qua the petitioners of that writ petition shall be transferred to Kanpur University as has been undertaken by the petitioners. 4. This writ petition has been filed by the petitioner praying for following relief : " (i) Issue a writ, order or direction in the nature of certiorari quashing all communications issued by the respondents in respect of transfer of petitioners colleges from V. B. S. Purvanchal University. (ii) Issue a writ, order or direction commanding the respondents to permit the petitioners colleges to remain affiliated with the V. B. S. Purvanchal University Jaunpur. (iii) To direct the respondents to expeditiously grant affiliation of various subjects to those petitioners colleges pending due to territorial dispute. (iv) Issue any other writ, order or direction as this Honble Court may deem fit and proper in the present circumstances of the case. (iv) Award cost of the instant writ petition in favour of the petitioners. " 5. From the above prayer made by the petitioner, it is clear that first prayer in the writ petition is to quash the orders of the State Government and the University directing the petitioners college to take affiliation from the University having territorial jurisdiction, i. e. , transfer of affiliation from Jaunpur University. A further direction has been sought commanding the respondents to permit the petitioners college to remain affiliated with Jaunpur University. 6. Jaunpur University has filed a short counter-affidavit and a supplementary counter-affidavit opposing the writ petition. A further direction has been sought commanding the respondents to permit the petitioners college to remain affiliated with Jaunpur University. 6. Jaunpur University has filed a short counter-affidavit and a supplementary counter-affidavit opposing the writ petition. In the short counter-affidavit it has been stated that controversy raised in the writ petition has been decided by Full Bench of this Court in Writ Petition No. 31175 of 2005 (Dr. Akhtar Rizvi Educational Trust v. State of U. P. & Ors. ). It has been prayed that this writ petition be also decided in accordance with the judgment of the Full Bench dated 31st March, 2006. In the short counter-affidavit filed by the University it has also been stated that in pursuance of the direction of this Court passed in this writ petition, the University has permitted the students of B. A. 1st year of the petitioners college for the session 2005-06. Thus according to the case of the University itself for the session 2005-06 students have appeared in the examination conducted by the Jaunpur University. 7. Sri P. N. Saxena, learned Counsel for the petitioner, in support of the writ petition, submitted that petitioner affiliation with Jaunpur University is entitled to continue. He contends that petitioner cannot be asked to obtain affiliation from Kanpur University. He submits that the present writ petition is fully covered by Division Bench judgment of this Court dated 20th July, 2006 in Writ Petition No. 69840 of 2005 (Committee of Management Rajendra Degree College, Bhagipur Jhunsi, Allahabad & Anr. v. The Chancellor, Veer Bahadur Singh Purvanchal University, Jaunpur & Ors. ). It is contended that petitioners college being within the 16 kilometers radius of University of Allahabad, the same is not in the territorial jurisdiction of Kanpur University and no direction can be issued for its affiliation with Kanpur University. 8. Sri Anil Tiwari, learned Counsel appearing for the University submitted that Jaunpur University has no territorial jurisdiction over the college in question and the College is required to take affiliation from Kanpur University. He submits that the order of the University directing the College to take affiliation from Kanpur University is perfectly justified and the University acting on the said direction has already issued a letter on 14th December, 2005. He submits that the case is fully covered by the Full Bench judgment dated 31st March, 2006. 9. He submits that the order of the University directing the College to take affiliation from Kanpur University is perfectly justified and the University acting on the said direction has already issued a letter on 14th December, 2005. He submits that the case is fully covered by the Full Bench judgment dated 31st March, 2006. 9. I have considered the submissions of Counsel for the parties and perused the record. 10. The petitioners college was affiliated to Jaunpur University on the no objection certificate of the State Government. Subsequently, the State Government issued a Government orders dated 30th November, 2004, 5th August, 2005 and 5th October, 2005 providing that colleges affiliated with University having no territorial jurisdiction with the University should obtain affiliation from the University having territorial jurisdiction from the academic session 2005-06. The first prayer is to quash the said orders. The prayer further is to permit the petitioners college to continue to be affiliated with Jaunpur University. 11. Section 5 of the U. P. State Universities Act, 1973 (hereinafter referred to as the Act) provides for territorial exercise of powers. Section 5 (1) read with Schedule provides for area with respect to which the various Universities shall exercise territorial jurisdiction. In Schedule Jaunpur University is mentioned at Item No. 12. Relevant part of Schedule with regard to Jaunpur University is as follows : Serial No. Name of the University Areas within which the University shall exercise jurisdiction. 123 1. , The University of Lucknow, Area within a radius of sixteen kilometers from the Convocation Hall of the University. 2. , The University of Allahabad, Area within a radius of sixteen kilometers from the Convocation Hall of the University. 5. , [chhatrapati] Shahu Ji Maharaj University, Kanpur], , (i) until the establishment of the Universities of Bundelkhand and Avadh. , Districts of Allahabad, Banda, Bara Banki, Etawah, Farrukhabad, Fatehpur, Hamirpur, Hardoi, Jalaun, Jhansi, Kanpur, Lakhimpurkheri, Lalitpur, Lucknow, Rae Bareli, Sitapur and Unnao, excepting the area which lies within the limits of the Universities of Allahabad and Lucknow. , (ii) upon the establishment of the University of Avadh, but until the establishment of the University of Bundelkhand. , Districts of Allahabad, Banda, Etawah, Farrukhabad, Fatehpur, Hamirpur, Hardoi, Jalaun, Jhansi, Kanpur, Lakhimpur Kheri, Lalitpur, Lucknow, Rae Bareli, Sitapur, and Unnao, excepting he area which lies within the limits of the Universities of Allahabad and Lucknow. , (ii) upon the establishment of the University of Avadh, but until the establishment of the University of Bundelkhand. , Districts of Allahabad, Banda, Etawah, Farrukhabad, Fatehpur, Hamirpur, Hardoi, Jalaun, Jhansi, Kanpur, Lakhimpur Kheri, Lalitpur, Lucknow, Rae Bareli, Sitapur, and Unnao, excepting he area which lies within the limits of the Universities of Allahabad and Lucknow. , (iii) upon the establishment of the University of Avadh and also the University of Bundelkhand. , Districts of Allahabad, Etawah, Farrukhabad, Fatehpur, Hardoi, Kanpur, Lakhimpur-Kheri, Lucknow, Rae Bareli, Sitapur and Unnao, excepting the area which lies within the limits of the Universities of Allahabad and Lucknow. ] , Vir Bahadur Singh Purvanchal University, Jaunpur. , Districts of Azamgarh, Ballia, Ghazipur, Jaunpur, Mirzapur and Varanasi. ] 12. From above, it is apparent that the petitioners college, which is situated in district Allahabad is not in the territorial area allocated to Jaunpur University and the earlier affiliation given by Jaunpur University to the petitioners college was beyond the territorial area earmarked for the Jaunpur University. The question as to whether the college affiliated with University not falling within its territorial area can be asked to obtain affiliation from the University having territorial area came for consideration before a Full Bench of this Court. Following question was referred to the Full Bench by a Division Bench vide its order dated 2nd September, 2005 : "whether (a) erroneous issue of a `no Objection Certificate by the State Government, or (b) affiliation erroneously granted in violation of territorial limit fixed by Schedule to the U. P. State Universities Act, 1973 can form, by estoppel or on any other principle of law a ground for issue of mandamus to the State Government or to the University which has granted erroneous affiliation or to the Chancellor to continue in future to violate the territorial limit fixed by Schedule in respect of that educational institution perpetually or even temporarily ?" 13. The Full Bench considered the above question and answered the said question in negative. The Full Bench considered the above question and answered the said question in negative. The Full Bench held that erroneous issue of no objection certificate by the State Government or erroneous affiliation granted in violation of Section 5 of the Act to a college cannot form any basis for issuing of mandamus to the State Government or to the University or to the Chancellor on basis of principle of estoppal or any other principle of law to continue to act in violation of Section 5 of the Act. The territorial area as mentioned in Section 5 (1) read with Schedule is mandatory, which cannot be violated while affiliating a college. 14. In this writ petition, the prayer of the petitioner, in essence, is to quash the orders of the State Government directing the petitioner to obtain affiliation from Kanpur University and to continue the affiliation with Jaunpur University, which has been specifically negated by the Full Bench in its judgment dated 31st March, 2006. It is useful to note the relevant portion of the judgment of the Full Bench of which I was also a member (Judgment of Honble Ashok Bhushan, J. with which Honble the Chief Justice and Honble Yatindra Singh, J. also agreed), which is as under : "from the aforesaid discussions, it is amply clear that affiliation granted to the petitioners college by Jaunpur University was in violation of territorial limit fixed by the Schedule and no objection certificate by the State Government was erroneously issued. Whether the aforesaid can form by estoppal or on any other principle of law a ground for issuing mandamus to the State Government or to the University or to the Chancellor to continue in future to violate the territorial limit is a question to be answered. It is well-settled that there is no estoppal against Statute. The Apex Court in (1998)2 S. C. C. 502; Dr. Ashok Kumar Maheshwari v. State of U. P. & Anr. , held following in paragraph 20 : "20. The basic principle is that the plea of estoppel cannot be raised to defeat the provisions of a statute. (See. G. H. C. Ariff v. Jadunath Majumdar Bahadur; Mathra Prashad & Sons v. State of Punjab; Rishabh Kumar & Ors. , v. State of U. P. " No Principle of estoppel can be put against express statutory provision of Section 5 of the Act. (See. G. H. C. Ariff v. Jadunath Majumdar Bahadur; Mathra Prashad & Sons v. State of Punjab; Rishabh Kumar & Ors. , v. State of U. P. " No Principle of estoppel can be put against express statutory provision of Section 5 of the Act. The Chancellor has every jurisdiction to direct for rectification of erroneous affiliation which was earlier granted in violation of provisions of Section 5. The Chancellor cannot be estopped from directing petitioners college to obtain affiliation from the University having territorial area. " 15. Learned Counsel for the petitioner has placed much reliance on the Division Bench judgment in Committee of Management, Rajendra Degree College (supra) and has submitted that the said judgment is fully applicable in the facts of the present case and the petitioner is entitled for the relief. Before considering the submission of the petitioners Counsel, it is necessary to note the relevant relief in the aforesaid writ petition. The prayers made in the writ petition has been quoted in first paragraph of the judgment, which are as follows : "this writ petition has been filed by the Committee of Management of Rajendra Degree College, Bhagipur, Jhunsi, Allahabad with the following prayers. First prayer is for quashing the order dated 22-9- 2005 passed by the Chancellor, Veer Bahadur Singh Purvanchal University, Jaunpur, whereby the request of the petitioner for granting affiliation for B. Ed, course for the academic session 2005-06 has been refused. The second and third prayers are for a direction to the respondents to permit the petitioner for running B. Ed, courses for the academic session 2005-06 and for a direction to the concerned university to provide students from its entrance examination for the aforesaid course and academic session. It is clear that the second and third prayers will arise only after the first prayer of the petitioner is allowed and not otherwise. " 16. From the aforesaid prayer, it is clear that the order dated 22-9-2005, which was challenged in the said writ petition, was passed by. the Chancellor refusing to grant affiliation for the B. Ed, course for the academic session 2005-06. The Division Bench after hearing the parties allowed the writ petition. Following is the operative portion of the judgment of the Division Bench : "in the result, the writ petition succeeds and is allowed. The order of Chancellor dated 22-9-2005 (Annexure 27 to the petition) is set-aside. The Division Bench after hearing the parties allowed the writ petition. Following is the operative portion of the judgment of the Division Bench : "in the result, the writ petition succeeds and is allowed. The order of Chancellor dated 22-9-2005 (Annexure 27 to the petition) is set-aside. The Chancellor may reconsider the request of the petitioner for affiliation within a period of 3 weeks from the date of production of certified copy of this order in the light of the observations made in this judgment, subject to other conditions being fulfilled by the petitioner. Such affiliation, if granted, shall only be for the academic session 2005-06 and not for any further period. In case, affiliation is granted, the Purvanchal University shall provide students for the said course in accordance with law. Since this writ petition is being allowed on the peculiar facts and circumstances, this judgment shall not be treated as a precedent except for identical facts and there shall be no order as to costs. " 17. Thus the relief was granted to the petitioner of that writ petition directing the Chancellor to reconsider the request of the petitioner for affiliation in B. Ed, course for the academic session 2005-06. The judgment clearly provided that the said affiliation shall be only for the academic session 2005-06. In pursuance of the judgment of the Division Bench dated 20th July, 2006 the Chancellor has granted the affiliation for the session 2005-06 for the B. Ed, course. Various reasons were given by the Division Bench for allowing the writ petition. One of the main reason given by the Division Bench was that the college was already granted affiliation for 2005-06 for B. A. course, hence it was entitled for consideration for B. Ed, course for the same academic session. Following observations have been made by the Division Bench : ". . . One of the main reason given by the Division Bench was that the college was already granted affiliation for 2005-06 for B. A. course, hence it was entitled for consideration for B. Ed, course for the same academic session. Following observations have been made by the Division Bench : ". . . Thirdly, the petitioner affiliation for undergraduate classes with the Purvanchal University for the academic year 2005-06 still continues, and therefore, the petitioner cannot get affiliation for its B. Ed, classes for the same academic session from any other University and for the reason that the University has recommended for granting affiliation and the Counseling for the said academic session still going on, we are of the view that there would be no violence either to the State or to the decision given by the Full Bench in the case of Dr. Rizvi Educational Trust, if the petitioner institution is granted affiliation by the Purvanchal University for running B. Ed, courses for the academic session 2005-06. " 18. Had the prayers in the present writ petition were same as claimed in Writ Petition No. 69840 of 2005 (The Committee of Management, Rajendra Degree College v. The Chancellor & Ors.), the petitioner could have been entitled for the same relief, but the prayers in the present writ petition, as quoted above, are not confined to the academic session 2005-06 for B. Ed, course, rather they are in much wider term objecting to the Government orders asking the petitioner to obtain affiliation from Kanpur University, which has territorial jurisdiction. As noted above, the affiliation by Jaunpur University was by University which has no territorial jurisdiction to grant affiliation to the petitioners college since the territorial jurisdiction of Jaunpur University consists of Azamgarh, Ballia, Ghazipur, Jaunpur, Mirzapur and Varanasi. To permit affiliation of petitioners college with Jaunpur University shall be nothing but issuing a mandamus to the respondents to continue violation of the provisions of Section 5 (1) read with Schedule to the Act, which is not permissible. To permit affiliation of petitioners college with Jaunpur University shall be nothing but issuing a mandamus to the respondents to continue violation of the provisions of Section 5 (1) read with Schedule to the Act, which is not permissible. The said question was examined by the Full Bench and it is useful to quote the observations of the Full Bench in this respect, which are as under : "the mere fact that at earlier point of time an erroneous order was passed by an authority cannot be foundation to pray for issuing a mandamus by the Court to the said authority to continue the illegality or to commit such infraction of provision again. The Apex Court in 1995 (1) S. C. C. 745; Chandigarh Administration & Anr. v. Jagjit Singh & Anr. , has laid down the law in this regard in paragraph 8, which is quoted below : "we are of the opinion that the basis or the principle, if it can be called one, on which the writ petition has been allowed by the High Court is unsustainable in law and indefensible in principle. Since we have come across many such instances, we think it necessary to deal with such pleas at a little length. Generally speaking, the mere fact that the respondent-authority has passed a particular order in the case of another person similarly situated can never be the ground for issuing a writ in favour of the petitioner on the plea of discrimination. The order in favour of the other person might be legal and valid or it might not be. That has to be investigated first before it can be directed to be followed in the case of the petitioner. If the order in favour of the other person is found to be contrary to law or not warranted in the facts and circumstances of his case, it is obvious that such illegal or unwarranted order cannot be made the basis of issuing a writ compelling the respondent-authority to repeat the illegality or to pass another unwarranted order. The extraordinary and discretionary power of the High Court cannot be exercised for such purpose. Merely because the respondent- authority has passed one illegal/unwarranted order, it does not entitle the High Court to compel the authority to repeat the illegality over again and again. The extraordinary and discretionary power of the High Court cannot be exercised for such purpose. Merely because the respondent- authority has passed one illegal/unwarranted order, it does not entitle the High Court to compel the authority to repeat the illegality over again and again. The illegal/unwarranted action must be correct, if it can be done according to law indeed, wherever it is possible, the Court should direct the appropriate authority to correct such wrong orders in accordance with law but even if it cannot be corrected, it is difficult to see how it can be made a basis of its repetition. By refusing to direct the respondent-authority to repeat the illegality, the Court is not condoning the earlier illegal act/order nor can such illegal order constitute the basis for a legitimate complaint of discrimination. Giving effect to such pleas would be prejudicial to the interests of law and will do incalculable mischief to public interest. It will be a negation of law and the rule of law. . . " In A. P. Christians Medical Educational Society v. Government of Andhra Pradesh & Anr. , (1986)2 S. C. C. 667, the Apex Court held that no direction can be issued to the University to disobey the Statute. As held above, the petitioners college is not situate in the territorial area of Jaunpur University, issuing a mandamus to Jaunpur University to grant affiliation in new subjects or LL. B. five years course is nothing but issuing a direction to University to violate provisions of Section 5 of the Act. Following was laid down by the Apex Court in paragraph 10 of the said judgment : "sri K. K. Venugopal, learned Counsel for the students who have been admitted into the MBBS course of this institution, pleaded that the interests of the students should not be sacrificed because of the conduct or folly of the management and that they should be permitted to appear at the University examination notwithstanding the circumstances that permission and affiliation had not been granted to the institution. He invited our attention to the circumstance that students of the medical college established by the Daru-Salam Education Trust were permitted to appear at the examination notwithstanding the fact that affiliation had not by then been granted by the University. Shri Venugopal suggested that we might issue appropriate directions to the University to protect the interest of the students. He invited our attention to the circumstance that students of the medical college established by the Daru-Salam Education Trust were permitted to appear at the examination notwithstanding the fact that affiliation had not by then been granted by the University. Shri Venugopal suggested that we might issue appropriate directions to the University to protect the interest of the students. We do not think that we can possibly accede to the request made by Sri Venugopal on behalf of the students. Any direction of the nature sought by Sri Venugopal would be in clear transgression of 0 the provisions of the University Act and the regulations of the University. We cannot by our fiat direct the University to disobey the status to which it owes its existence and the regulations made by the University itself. We cannot imagine anything more destructive of the rule of law than a direction by the Court to disobey the laws. . . " 19. Now remains the case of the petitioner that the college is situate within 16 kilometers radius from Allahabad University, hence it was excluded from the jurisdiction of Kanpur University. As noticed above, the issue involved before the Division Bench was only with regard to affiliation for the academic session 2005-06 for which affiliation was granted on 27th July, 2005. It is useful to note the following observations of the Division Bench in this regard: "it may further be noted that the affiliation granted by the Chancellor on 27-7-2005 to the petitioner institution for a period of one year of the Purvanchal University has neither been challenged before any Court nor the Chancellor has cancelled the same. It is true that the said affiliation was only for a period of one year, that is, the academic session 2005-06 and the order of the Chancellor further provided under condition No. 4 that the petitioner institution within a period of one year shall fulfill all conditions and get itself affiliated to the Kanpur University. The issue presently involved is also of the same academic session 2005-06 and the petitioner institution for that particular year is seeking affiliation for an additional course. " 20. The issue presently involved is also of the same academic session 2005-06 and the petitioner institution for that particular year is seeking affiliation for an additional course. " 20. It is true that although the Division Bench held that since the said college was within 16 kilometers radius of Allahabad University, the same was not within the territorial jurisdiction of Kanpur University and the Allahabad University having been declared as central University with effect from 14th July, 2005, no amendments have been made in the Schedule allocating the aforesaid area in any of the University but the prayer of the petitioner is to continue its affiliation with Jaunpur University and the Jaunpur University having no territorial area with regard to college in question, its prayer cannot be accepted not the petitioners college can be allowed to continue affiliation with Jaunpur University violating the provisions of Section 5 of the Act. Allahabad University having declared as central University with effect from 14th July, 2005, the said University has gone outside the purview of the Act. Thus the area of the territorial jurisdiction of University of Allahabad has to be treated to have gone out of the Schedule of the Act. In Item No. 3, i. e. , Chhatrapati Sahuji Maharaj, Kanpur University, district Allahabad has been included excepting the areas which lies within the limits of University of Allahabad. Allahabad University having gone out of the Act, the area allocated to Allahabad University shall be treated to have gone out of the Schedule, the area carved out from district Allahabad for the Allahabad University is now not applicable and the Kanpur University shall have jurisdiction for entire district of Allahabad. 1 21. The Full Bench also addressed to the question regarding creation of new districts and carving out new districts from old districts with no consequential amendment in Schedule. The question is as to with which University the area which was erstwhile allocated to Allahabad University shall fall. Whether the said area will be no mans land? If a college situate in the said area want to apply for affiliation with which University it shall make application. The Full Bench adopted an interpretation, which gives life to the Statute and does not make the statute as dead letter. Whether the said area will be no mans land? If a college situate in the said area want to apply for affiliation with which University it shall make application. The Full Bench adopted an interpretation, which gives life to the Statute and does not make the statute as dead letter. To put in purposeful interpretation to Section 5 (1) of the Act read with Schedule, the area which was earlier earmarked for Allahabad University has to be treated to lie within the district Allahabad. 22. It is necessary to note here that subsequent to the judgment of the Division Bench above mentioned, the provision of the U. P. State Universities Act has been amended. The Schedule has been amended in which the territorial jurisdiction of different Universities have been amended. The amended Schedule by U. P. Act No. 28 of 2006 has been published in U. P. Gazette dated 26th October, 2006. Relevant portion of Section 3 of the Uttar Pradesh State Universities (Amendment) Act, 2003 are extracted below : "3. Amendment in the Schedule.- In the Schedule to the principal Act, for entries at Serial Numbers 2 to 12, the following entries shall be substituted, namely : 2. Chaudhary Charan Singh University, Meerut. Baghpat, Buland Shahr, Gautam Buddha Nagar, Ghaziabad, Meerut, Muzaffar Nagar and Saharanpur. 3. Chhatrapati Shahu Ji Maharaj University, Kanpur. Allahabad, Auraiya, Etawah, Farrukhabad, Fatehpur, Hardoi, Kannuj, Kanpur Dehat, Kanpur Nagar, Kaushambi, Lakhimpur Kheri, Lucknow, Sitapur, Rae Bareli and Unnao. In the Schedule now Allahabad University is not mentioned. 2 23. In view of the aforesaid amendment, the entire district of Allahabad is in territorial jurisdiction of Kanpur University and the dispute with regard to institution situate within 16 kilometers radius of Allahabad University no longer subsists. In this view of the matter, the petitioners submission that they be permitted to continue with Jaunpur University cannot be accepted. The territorial jurisdiction, being with Kanpur University now, the petitioner cannot be heard in saying that it cannot be asked to obtain affiliation from Kanpur University. 24. The petitioner cannot take benefit of the Division Bench judgment in Committee of Management, Rajendra Degree College (supra) since, as quoted above, the relief claimed in the present writ petition are entirely different from the relief claimed in the Division Bench judgment of this Court. 25. 24. The petitioner cannot take benefit of the Division Bench judgment in Committee of Management, Rajendra Degree College (supra) since, as quoted above, the relief claimed in the present writ petition are entirely different from the relief claimed in the Division Bench judgment of this Court. 25. In view of the foregoing discussions, the petitioner is not entitled for the relief claimed in the writ petition. The writ petition lacks merit and is dismissed. Petition dismissed. .