JUDGMENT Hon’ble B.S. Verma, J. : Heard Mr. Ravi Babulkar, advocate for the petitioner, Mr. B.D. Upadhyaya, Advocate for respondents 2 and 3 and Mr. Abhisekh Verma, holding brief of Mr. Sudhir Singh, Advocate for NCTE. By means of this petition the petitioner has sought the following relief – (1) To issue a writ in the nature of certiorari calling for the records and quashing the impugned order dated 16.8.2010 (Annexure No. 6) passed by respondent University. (2) To issue a writ in the nature of mandamus commanding and directing the respondent/university to accord formal affiliation and students to the petitioner institute for the academic session 2009-10 forthwith as per the NCTE Act, 1993 and U.P. State Universities Act, 1973. (3) To issue a writ in the nature of mandamus, commanding and directing the respondent university to provide two hundred students for the session 2010-11 after affiliation if it is not possible to provide affiliation and students for the sessions 2009-10, in accordance with law. (4) To issue a writ, rule or order in the nature of mandamus commanding and directing the respondent No. 1/State Govt. not to interfere and delay the affiliation proceedings of the petitioner institute as per law. 2. According to the petitioner, the petitioner is a registered charitable society and is running B.Ed. institutes one at Champawat and another at Rudrapur. Thereafter the petitioner applied to the NCTE for women’s college in the name and style Devbhumi institute of professional education for women for grant of recognition for B.Ed. as per regulations of NCTE from the academic session 2009-10 onwards. The NCTE vide recognition order dated 30.7.2010 accorded recognition from session 2010-11 instead of session 2009-10. The petitioner/institute represented before the NCTE. Thereafter the NCTE vide order dated 09.8.2010 rectified the earlier recognition and granted recognition for academic session 2009-10 onwards instead of session 2010-11. Thereafter petitioner applied for affiliation with the university for the academic session 2009-10 but the university did not grant the affiliation and the same has been illegally rejected on 16.8.2010 for the academic session 2009-10. Hence this petition. 3. The respondent Kumaun University filed counter affidavit and alleged that the condition No. 4 of the recognition order clearly says that the recognition is subject to fulfillment of all such other requirements as may be prescribed by other regulatory bodies like U.G.C. and the State Government etc. whenever applicable. 4. Hence this petition. 3. The respondent Kumaun University filed counter affidavit and alleged that the condition No. 4 of the recognition order clearly says that the recognition is subject to fulfillment of all such other requirements as may be prescribed by other regulatory bodies like U.G.C. and the State Government etc. whenever applicable. 4. The contention of the petitioner is that there is no provision to obtain affiliation for every year. As per Section 14(6) of the Act, the examining body is obliged to grant affiliation to the institute where the recognition has been granted by the NCTE. It is to be stated here that in the case at hand the U.G.C. Act is not applicable but NCTE Act is applicable. Under Section 17 of the NCTE Act 1993 the NCTE may withdraw recognition of recognized institution in the event the regional committee of the NCTE is satisfied that a recognized institution has contravened any of the provisions of the NCTE Act, or any condition subject to which recognition under Sub Section (3) of Section 14 or permission under Sub-section (3) of Section 15 was granted. 5. To my mind the above clause-4 in the recognition order has been inserted for the purpose of reservation and to maintain the educational standard of the institution and not for the purpose of affiliation because the affiliation is to be given as per provision of Sub-section (6) of Section 14 of the Act, which provides that every examining body shall on receipt of the order under Sub-Section 4(a), grant affiliation to the institution, where recognition has been granted. 6. The Hon’ble Apex Court in the case of State of Maharashtra vs. Sant Dhyaneshwar Shikshan Shastra Mahavidhalaya and others, reported in 2006 AIR SCW 2048, has held that if the recognition is granted then the University is obliged to grant affiliation to such institution. 7. In view of the dictum of the Apex Court, the University is accountable to grant affiliation to petitioner/institution as the NCTE has already granted recognition to run B.Ed. classes from the academic session 2010-11. 8. Learned counsel for university also contended that since the examination of B.Ed. classes for the session 2009-10 is to commence from the first week of January, 2010, and it is not possible to conduct the B.Ed. classes from the academic session 2010-11. 8. Learned counsel for university also contended that since the examination of B.Ed. classes for the session 2009-10 is to commence from the first week of January, 2010, and it is not possible to conduct the B.Ed. classes during this session, therefore, the petitioner/institution cannot be granted affiliation by the university for the academic session 2009-10. In view of above the writ petition is partly allowed. The impugned order dated 6.8.2010 (Annexure No. 6 to the writ petition), is set aside. The NCTE has granted recognition to the petitioner from the academic session 2009-10, therefore, the University is directed to take decision regarding affiliation from academic session 2010-2011 and shall grant affiliation to the petitioner institution from the academic session 2010-11.