JUDGMENT Hon’ble Dilip Gupta, J.—The Committee of Management of Ramjhari Degree College, Gabhiran, Jaunpur (hereinafter referred to as the ‘College’) has filed this petition for quashing the order dated 10th August, 2009 passed by the Registrar of the Veer Bahadur Singh Purvanchal University, Jaunpur (hereinafter referred to as the ‘University’), by which he has intimated the petitioner-Committee of Management that the petitioner should not admit students in the First Year Graduate classes for the academic session 2009-10 since the State Government by the order dated 23rd January, 2009 has cancelled the affiliation granted to the College. 2. The College was earlier granted temporary affiliation by the Chancellor of the University on 30th July, 2004 for a period of three years under the provisions of Section 37(2) of ‘the U.P. State Universities Act, 1973’ (hereinafter referred to as the ‘Act’). Subsequently, on the basis of the report submitted by the Committee, the College was granted permanent affiliation by the order dated 24th October, 2007. The State Government thereafter sent the communication dated 23rd January, 2009 to the Vice Chancellor of the University regarding cancellation of the affiliation granted to the College. It was mentioned in the letter that the State Government had received complaints against the Manager that he had obtained affiliation by producing incorrect papers of land possessed by the College and in this connection an inquiry was conducted by the District Magistrate who found the complaints to be correct. The letter further mentions that, in such circumstances, the State Government had taken a decision to cancel the affiliation granted to the College. The Vice Chancellor of the University was, therefore, directed to take necessary steps under Section 37(8) of the Act. 3. This order dated 23rd January, 2009 of the State Government was challenged by the petitioner in Writ Petition No. 13412 of 2009 which was decided by the judgment and order dated 25th May, 2009 and the observations are as follows : “From the perusal of the impugned order, it is amply clear that no opportunity of hearing was provided to the petitioner before passing of the impugned order. Moreover, from the relevant provisions of the U.P. State Universities Act, 1973, it is very much clear that the competent authority with regard to grant of affiliation or the cancellation of affiliation is the Executive Committee of the University concerned. Moreover, from the relevant provisions of the U.P. State Universities Act, 1973, it is very much clear that the competent authority with regard to grant of affiliation or the cancellation of affiliation is the Executive Committee of the University concerned. In the present case, the decision to cancel the affiliation has been taken by the State Government and only the ministerial work is required to be done by the State Universities which is not proper. In the facts and circumstances of the case, the order dated 23.1.2009 annexed as (Annexure 1 to the writ petition) is required to be quashed. The writ petition is allowed. The order dated 23.1.2009 is hereby quashed with a direction to Veer Bahadur Singh Purvanchal University, through its Vice Chancellor/Registrar, Jaunpur to pass appropriate orders independently looking into the entire material including the alleged complaint made by the respondent No. 7 after giving opportunity of hearing to the petitioner as well as Respondent No. 7. The respondent No. 3, Vice Chancellor/Registrar, Veer Bahadur Singh, Purvanchal University, Jaunpur shall pass the necessary orders within the period of three months from the date of production of certified copy of this order.” 4. It transpires that subsequently the Registrar of the University sent the communication dated 10th August, 2009 to the petitioner that as the State Government by the order dated 23rd January, 2009 had cancelled the affiliation granted to the College, it should not admit students in the First Year Graduate classes in the academic session 2009-10. It is this order dated 10th August, 2009 that has been impugned in the present petition. 5. I have heard Sri Ashok Khare, learned Senior Counsel appearing for the petitioner, assisted by Sri K. Shahi. Learned Standing Counsel has made submissions on behalf of respondent No. 1, while Sri Anil Tiwari has made submissions on behalf of respondent Nos. 2 and 3. 6. Sri Ashok Khare, learned Senior Counsel for the petitioner submitted that once the order dated 23rd January of the State Government had been set aside by this Court in Writ Petition No. 13412 of 2009, the University could not have relied upon the said order in its communication dated 10th August, 2009. 2 and 3. 6. Sri Ashok Khare, learned Senior Counsel for the petitioner submitted that once the order dated 23rd January of the State Government had been set aside by this Court in Writ Petition No. 13412 of 2009, the University could not have relied upon the said order in its communication dated 10th August, 2009. He has further submitted that though proceedings have been initiated by the University pursuant to the judgment and order dated 25th May, 2009, but without completing the said proceedings, the order dated 10th August, 2009 has been issued by the University. He, therefore, submits that the said order deserves to be set aside. 7. Learned Standing Counsel and Sri Anil Tiwari, learned counsel for the respondent-University state that the petition may be decided at this stage as the respondents do not desire to file counter affidavits. Sri Anil Tiwari, learned counsel appearing for the respondent-University has submitted that the University was justified in sending the communication dated 10th August, 2009 pending the finalisation of the proceedings. 8. I have carefully considered the submissions advanced by the learned counsel for the parties. 9. Section 37 of the Act deals with affiliation and recognition. Section 37(2) of the Act, as it stood prior to the amendments made in 2007, provided that the Executive Council can, with the previous sanction of the Chancellor, admit any College which fulfils the prescribed conditions of affiliation to the privileges of affiliation. However, after the amendments made in Section 37 of the Act in the year 2007, this previous sanction has to be obtained from the State Government and not from the Chancellor. Likewise, sub-sections (8) and (9) of Section 37 of the Act have been amended in 2007 and the amended sub-sections are as follows : “37 (8) The privileges of affiliation of a college which fails to comply with any direction of the Executive Council under sub-section (7) or to fulfil the conditions of affiliation may, after obtaining a report from the Government be withdrawn or curtailed by the Executive Council in accordance with the provisions of the Statutes. (9) Notwithstanding anything contained in sub-sections (2) and (8), if the Management of an affiliated college has failed to fulfil the conditions of affiliation, the State Government may after obtaining a report from the Management and the Vice-Chancellor, withdraw or curtail the privileges of affiliation.” 10. (9) Notwithstanding anything contained in sub-sections (2) and (8), if the Management of an affiliated college has failed to fulfil the conditions of affiliation, the State Government may after obtaining a report from the Management and the Vice-Chancellor, withdraw or curtail the privileges of affiliation.” 10. Thus, under the amended sub-sections (8) and (9) of Section 37 of the Act, the Executive Council, with the previous sanction of the State Government or the State Government, after obtaining a report from the Management and the Vice Chancellor, can withdraw or curtail the privileges of affiliation. 11. The order dated 23rd January, 2009 of the State Government was set aside by this Court in Writ Petition No. 13412 of 2009 by the judgment and order dated 25th May, 2009 and a direction was issued to the Vice Chancellor of the University to pass appropriate orders after giving opportunity of hearing to the petitioner as well as the complainant. If the Executive Council has to take a decision for withdrawing or curtailing the affiliation, then it can do so under Section 37(8) of the Act, but if the State Government has to take a decision, then it can also do so under Section 37(9) of the Act after obtaining a report from the Management and the Vice-Chancellor of the University. 12. The University is holding the inquiry regarding the complaint against the Manager but even during the pendency of this inquiry the University has directed the College not to admit students in the First Year Graduate classes for the academic session 2009-10 on the basis of the order dated 23rd January, 2009 which order, as noticed hereinabove, had been set aside by this Court in the aforementioned writ petition. This order, therefore, cannot be sustained. It is, accordingly, set aside. 13. The writ petition is allowed to the extent indicated above. ———