JUDGMENT Hon’ble Dilip Gupta, J.—United Institute of Management (hereinafter referred to as the ‘Institution’) and Shivram Das Gulati Memorial Society, Allahabad which established the said Institution in 1999 for imparting Three Years Bachelor of Business Administration (hereinafter referred to as the ‘BBA’) and Bachelor of Computer Application (hereinafter referred to as the ‘BCA’) Courses, filed this petition initially for a direction upon the respondent Chhatrapati Shahu Ji Maharaj University, Kanpur (hereinafter referred to as the ‘Kanpur University’) to forward the proposal to the State Government for granting previous sanction for affiliation to the Institution with effect from 1st July, 2009 and for a direction upon the State Government to thereafter grant affiliation with effect from 1st July, 2009 but subsequently, by amendment, additional reliefs were claimed for quashing the letter dated 29th December, 2009 issued by the Kanpur University and the sanction granted by the State Government on 20th October, 2011 to the extent it granted affiliation with effect from 1st July, 2011 instead of 1st July, 2009. The amended prayers also seek the quashing of the order dated 11th January, 2012 passed by the Kanpur University as also the order dated 27th January, 2012 by which the State Government rejected the request of the petitioner-Institution for granting affiliation with effect from 1st July, 2009. 2. The Society had established the Institution in 1999 at United Towers, 53 Leader Road, Allahabad for imparting Three Years BBA and BCA Courses and after the State Government had accorded Clearance to the Institution for running the said Courses by its letter dated 31st July, 1999, the Institution made a request to the Veer Bahadur Singh Poorvanchal University, Jaunpur (hereinafter referred to as the ‘Poorvanchal University’) for granting affiliation to the Institution under Section 37 of the U.P. State Universities Act, 1973 (hereinafter referred to as the ‘Act’). The Poorvanchal University caused an inspection to be made and on the basis of the report submitted by the Poorvanchal University to the Chancellor, the Special Secretary to the Chancellor informed the Poorvanchal University by the letter dated 14th October, 1999 that the Chancellor had been pleased to grant previous sanction for temporary affiliation to the Institution to run BBA and BCA Courses under the Self Financing Scheme for a period of three years with effect from 1st July, 2000. On the expiry of the period of three years, the Special Secretary to the Chancellor informed the Poorvanchal University by the letter dated 12th September, 2003 that the Chancellor had been pleased to grant previous sanction for temporary affiliation to the Institution for another period of three years with effect from 1st July, 2003. The Registrar of the Poorvanchal University just before the expiry of three years wrote a letter dated 23rd May, 2006 to the Institution to henceforth seek extension of affiliation from the appropriate University as the territorial jurisdiction of the Universities had been modified by the State Government. 3. The Institution then requested the Chhatrapati Shahu Ji Maharaj University, Kanpur for granting affiliation and on the basis of the report submitted by the Inspecting Team, the Under Secretary to the Chancellor informed the Registrar of the Kanpur University by the letter dated 24th November, 2005 that the Chancellor had been pleased to grant previous sanction for temporary affiliation to the Institution for another period of three years from 1st July, 2006. 4. In the meantime, as the Society wanted to run the Institution from its own independent building, it acquired a plot measuring 5390 sq. metres at E-3 Industrial Area Naini, Allahabad on lease from the U.P. State Industrial Development Corporation Limited for educational purpose. The Society raised constructions on this new site at Naini and it is stated that when the infrastructure was ready, the Institution became fully functional to impart eduction to the students from the Academic Session 2007-08. It is, therefore, asserted that the Institution has been running from its Naini Campus ever since then and only the Head Office is situated at United Towers, 53 Leader Road, Allahabad. The Institution also made a request to the Kanpur University for grant of additional intake to BBA and BCA Courses at its new campus at Industrial Area Naini and on the basis of the inspection report submitted by the Panel on 6th November, 2008, the Kanpur University, by its letter dated 7th February, 2009, informed the Institution at its Naini address that it had sanctioned the additional intake of 120 students for the BBA and BCA Courses. Prior to this, the Kanpur University had sent a letter dated 23rd December, 2008 to the Institution to submit the proposal for grant of affiliation with effect from 1st July, 2009 as the earlier affiliation was going to expire on 30th June, 2009. The Institution submitted the application on 17th January, 2009 to the Kanpur University for grant of affiliation with effect from 1st July, 2009. 5. It transpires that even though the Kanpur University had not responded to the application sent by the Institution for extending the affiliation which was to come to an end on 30th June, 2009, the Institution to save the Academic Session 2009-10, admitted students in July 2009 and also sent a letter to the Kanpur University to expedite the grant of affiliation. The Institution was informed that a letter had earlier been sent to the Institution for inspection. The Institution then took immediate steps for inspection of the Naini Campus and a Four Members Team appointed by the Kanpur University for grant of affiliation from 1st July, 2009 carried out the inspection of the Institution on 10th November, 2009 and submitted a report to the Kanpur University. The Kanpur University, however, pointed out certain short comings which were removed and by the letter dated 12th June, 2010, the Registrar of the Kanpur University sent a letter to the State Government to grant the “No Objection Certificate” to the Institution for running the BBA and BCA Courses at the Naini Campus so that the proposal for grant of previous sanction for affiliation could be sent to the State Government as in the meantime the Act had been amended and affiliation was to be granted by the Executive Council of the University with the previous sanction of the State Government instead of the previous sanction of the Chancellor of the University. The State Government, however, by the letter dated 1st July, 2010 sought information from the Kanpur University regarding the provisions under which such “No Objection Certificate” was required to be given by the State Government. The Kanpur University, in response to the aforesaid letter of the State Government, sent a communication dated 8th July, 2010 pointing out that there was no provision for granting the “No Objection Certificate” but earlier, in certain cases, it had been granted by the State Government. 6. The Kanpur University, in response to the aforesaid letter of the State Government, sent a communication dated 8th July, 2010 pointing out that there was no provision for granting the “No Objection Certificate” but earlier, in certain cases, it had been granted by the State Government. 6. The State Government then sent a letter dated 9th August, 2010 to the Kanpur University to send a clear recommendation that the Institution was running from the Naini Campus and by the letter dated 13th December, 2010, the State Government also desired information whether the basic infrastructure was available at the Naini Campus. The Kanpur University then sent a letter dated 16th December, 2010 to the State Government that all the required facilities were available at the Naini Campus and copy of the inspection report dated 10th November, 2009 was also enclosed. However, the Kanpur University constituted another Panel for cause inspection and the Panel submitted a report dated 16th January, 2011. It is thereafter, that the State Government granted the “No Objection Certificate” to the Institution by the letter dated 11th April, 2011 for running the BBA/BCA Courses from the Naini Campus. The Kanpur University on 18th July, 2011 then sent the proposal to the State Government for granting previous sanction for affiliation to the Institution with effect from 1st July, 2011 and the State Government, by the letter dated 12th October, 2011, granted previous sanction for affiliation to the Institution with effect from 1st July, 2011. The Executive Council, therefore, granted affiliation to the Institution with effect from 1st July, 2011. 7. The grievance of the petitioners is that previous sanction for affiliation should have been granted by the State Government with effect from 1st July, 2009 when the earlier affiliation came to an end and not from 1st July, 2011 as all the necessary formalities had been completed by the Institution in time and the delay, if any, had occurred only because the State Government did not grant the “No Objection Certificate” in time. It is asserted that the Institution had admitted students for the Academic Sessions 2009-10 and 2010-11 and even though the result of the students who were admitted in Academic Session 2010-11 had been declared by the Kanpur University, the result of the students admitted in the Academic Session 2009-10 has not been declared by the Kanpur University. It is asserted that the Institution had admitted students for the Academic Sessions 2009-10 and 2010-11 and even though the result of the students who were admitted in Academic Session 2010-11 had been declared by the Kanpur University, the result of the students admitted in the Academic Session 2009-10 has not been declared by the Kanpur University. The students who were admitted to the BBA and BCA Course in the Academic Session 2009-10 were permitted to appear at the examinations under the interim orders granted by the Court and it is stated that the students had appeared at the examination and only the result has to be declared. 8. The students who were admitted to the BBA and BCA Course in the Academic Session 2009-10 were permitted to appear at the examinations under the interim orders granted by the Court and it is stated that the students had appeared at the examination and only the result has to be declared. 8. Sri Rakesh Bahadur, learned counsel for the petitioner assisted by Sri Ritesh Upadhyay submitted that previous sanction for affiliation to the Institution should have been granted by the State Government with effect from 1st July, 2009 instead of 1st July, 2011, particularly when steps for grant of affiliation with effect from 1st July, 2009 had been taken by the Institution in time on 17th January, 2009 much before the expiry of the period for which the temporary affiliation was earlier granted and the delay in the grant of affiliation had occurred because the Kanpur University was waiting for the “No Objection Certificate” from the State Government for the Naini Campus, even though there was no such requirement; that the Naini Campus had become fully functional from the Academic Session 2007-08 and infact on the basis of the inspection of the Naini Campus carried out by the Kanpur University Team, the intake of the students to the BBA and BCA Courses had been increased by 120 and this fact was communicated to the Institution at its Naini Campus by the Kanpur University by its letter dated 7th February, 2009; that the Kanpur University Panel had submitted a detailed report on 10th November, 2009 in favour of the Institution for grant of affiliation with effect from 1st July, 2009 and whatever minor short comings were pointed out by the Kanpur University were immediately removed by the Institution and the Kanpur University was informed of this fact; that it is only when the State Government granted the “No Objection Certificate” by the letter dated 11th April, 2011 that the Kanpur University sent the proposal to the State Government for grant of previous sanction for affiliation and the State Government by its order dated 12th October, 2011 instead of granting previous sanction for affiliation from 1st July, 2009 granted previous sanction for affiliation to the Institution with effect from 1st July, 2011; that as on earlier occasion, the affiliation was extended with retrospective effect, the Institution was justified in admitting the students in anticipation of the grant of affiliation and in view of the orders dated 12th November, 2009 and 27th December, 2010 issued by the State Government for granting permission to the students admitted to the Academic Sessions 2009-10 and 2010-11 respectively to appear at the examinations if the matter regarding grant of permanent affiliation was pending with the State Government, the Kanpur University was bound to declare the result of such students and infact the Kanpur University did declare the result of the students admitted in the Academic Session 2010-11 but the result of the students admitted to the Academic Session 2009-10 is being withheld without any rationale basis. 9. Sri C.B. Yadav, learned Additional Advocate General for the State of Uttar Pradesh assisted by Sri Sriprakash Singh, learned Standing Counsel, however, submitted that the Institution had admitted students for the Academic Sessions 2009-10 and 2010-11 without there being any affiliation as the earlier affiliation stood expired on 30th June, 2009 and as fresh affiliation was given from 1st July, 2011, the students cannot insist for declaration of the result if the Institution had admitted the students when there was no affiliation. In this connection, learned Additional Advocate General has placed the proviso to Section 37(2) of the Act and has also placed reliance on the decisions of the Supreme Court in Adarsh Shiksha Mahavidyalaya and others v. Subhash Rahangadale and others, 2012(1) ESC 73 (SC); Medical Council of India v. Rajiv Gandhi University of Health Sciences and others, AIR 2004 SC 2603 and Regional Officer, C.B.S.E. v. Ku. Sheena Peethambaran and others, AIR 2003 SC 3720 and the decisions of this Court in Committee of Management Shri Gauri Shanker Sanskrit Mahavidyalaya and others v. State of U.P. and others, 2011(7) ADJ 865 ; Poonam Sengar (Kum.) and others v. State of U.P. and others, 2008(4) ADJ 654 (DB) and Rajiv Kumar and others v. State of U.P. and another, 2007(4) ADJ 170 . It is the submission of learned Additional Advocate General that “No Objection Certificate” was required in terms of the Government Order dated 27th September, 2002 and the communications dated 12th November, 2009 and 27th December, 2010 sent by the State Government for granting permission to the students to appear at the examinations if the matter relating to grant of previous sanction for affiliation was pending would not apply to the petitioner-Institution as the BBA and BCA Courses are Professional Courses. 10. Sri Neeraj Tiwari, learned counsel appearing for the respondent Kanpur University has generally adopted the submissions advanced by the learned Additional Advocate General but has also submitted that the Kanpur University was justified in declaring the result of the students admitted in the Academic Session 2010-11 on the basis of the communication dated 27th December, 2010 sent by the State Government to the Vice-Chancellor of the Kanpur University as the BBA and BCA Courses are not Professional Courses. 11. I have the considered submissions advanced by the learned counsel for the parties. 11. I have the considered submissions advanced by the learned counsel for the parties. It is not in dispute that the Institution was earlier established at United Tower, 53 Leader Road, Allahabad for imparting Three Years BBA and BCA Courses. The State Government had given Clearance to the Institution to run the aforesaid Courses by the letter dated 31st July, 1999 and the Poorvanchal University had also granted temporary affiliation to the Institution under Section 37(2) of the Act for a period of three years with effect from 1st July, 2000 on the basis of the previous sanction given by the Chancellor of the Poorvanchal University. This temporary affiliation was subsequently extended for another period of three years and, therefore, was to expire on 30th June, 2006. In between, the territorial jurisdictions of the Universities were modified by the State Government and the Institution fell within the territorial jurisdiction of the Kanpur University. The Institution wanted to run the aforesaid BBA and BCA Courses from its own independent building and, therefore, acquired a plot measuring 5390 sq. metres at E-3 Industrial Area Naini on lease from the U.P. State Industrial Development Corporation Limited for educational purposes. It raised constructions on this plot and as infrastructure was ready from the Academic Session 2007-08, the Institution started running the aforesaid Courses from its Naini Campus. The Kanpur University also extended the temporary affiliation for a period of three years and, thus, the affiliation of the Institution was upto 30th June, 2009. The Institution also made a request for increasing 120 seats for the BBA and BCA Courses and on the basis of the inspection carried out by the Panel appointed by the Kanpur University, the intake was increased by 120 for each of the two Courses. What needs to be noticed is that the Kanpur University gave information of this increase in intake to the Institution at its Naini address. 12. On 17th January 2009, much prior to the expiry of the extended temporary affiliation upto 30th June, 2009, the Institution had sent the proposal to the Kanpur University in the appropriate format for grant of permanent affiliation with effect from 1st July, 2009. The Kanpur University sent a Panel to carry out the inspection of the Institution at its Naini Campus on 10th November, 2009 for grant of affiliation with effect from 1st July, 2009. The Kanpur University sent a Panel to carry out the inspection of the Institution at its Naini Campus on 10th November, 2009 for grant of affiliation with effect from 1st July, 2009. The Panel made a detailed inspection and submitted its report. The Kanpur University, however, pointed out certain minor short comings which were removed by the Institution and on 12th June, 2010, the Registrar of the Kanpur University sent the proposal to the State Government for grant of previous sanction for permanent affiliation since, in the meantime, Section 37(2) of the Act had been amended and previous sanction for affiliation was to be granted by the State Government instead of the Chancellor of the University. The State Government had doubts as to whether No Objection/Clearance was required to be given when an Institution merely changes the location and, therefore, sought information from the Kanpur University regarding the provision under which the No Objection/Clearance was required to be given. The Kanpur University informed the State Government that there was no provision to this effect but earlier, in certain cases, the State Government had granted Clearance. It is at this stage that the State Government sought information from the Kanpur University as to whether the Institution was running from the Naini Campus and whether the necessary infrastructure was available at the Naini Campus. Though, the Kanpur University informed the State Government by its letter dated 16th December, 2010 that all the required facilities were available at the Naini Campus and copy of the inspection report dated 10th November, 2009 submitted by the Panel constituted by the Kanpur University was also enclosed, the Kanpur University constituted another Panel which submitted its report on 16th January, 2011. It is thereafter that the State Government granted No Objection/Clearance to the Institution for the Naini Campus on 11th April, 2011 and the Kanpur University then submitted the proposal to the State Government for granting previous sanction for affiliation to the Institution with effect from 1st July, 2011. The State Government, accordingly, granted previous sanction for affiliation to the Institution with effect from 1st July, 2011. 13. The State Government, accordingly, granted previous sanction for affiliation to the Institution with effect from 1st July, 2011. 13. The contention of the Institution is that it had submitted the application for grant of affiliation with effect from 1st July, 2009 and the inspections were carried out for this purpose and, therefore, the affiliation should have been granted with effect from 1st July, 2009 and not from 1st July, 2011. What needs to be noticed is that the during these two intervening Academic Sessions, the Institution had admitted students to the BBA and BCA Courses at its Naini Campus in anticipation of the grant of affiliation with effect from 1st July, 2009. 14. The Institution had changed its location within the same district and, therefore, the parameter as to whether it was necessary to establish the Institution in the area was not required to be seen. The grant of No Objection/Clearance from the State Government was, therefore, not of real importance more particularly when the previous sanction for grant of affiliation was required to be given by the State Government and not by the Chancellor of the University under Section 37(2) of the Act as amended by U.P. Act No. 12 of 2007 with effect from 2nd June, 2007 and all that was required to be seen by the Kanpur University and the State Government was whether infrastructure at the Naini Campus satisfied the requirements. For the said purposes, the Kanpur University had constituted the Panel which had submitted its report in time. The Kanpur University, in such circumstances, should have immediately sent the proposal to the State Government for grant of previous sanction for permanent affiliation. The delay in the instant case had occurred merely on account of the State Government not granting the No Objection/Clearance in time. 15. It also needs to be noticed that the State Government itself was conscious of the fact that it may take some time for the State Government in granting previous sanction for permanent affiliation and so the students should be permitted to appear at the examinations likely to take place in the meantime. 15. It also needs to be noticed that the State Government itself was conscious of the fact that it may take some time for the State Government in granting previous sanction for permanent affiliation and so the students should be permitted to appear at the examinations likely to take place in the meantime. It is keeping this in mind that the State Government issued an order dated 12th November, 2009 for the Academic Session 2009-10 and the subsequent order dated 27th December, 2010 for the Academic Session 2010-11 for granting permission to the students in such cases to appear at the examinations for Non-Professional Courses. It is on the basis of the order dated 27th December, 2010 that the Kanpur University declared the result of the students admitted in the Academic Session 2010-11, but surprisingly the result of the students admitted in the Academic Session 2010-11 has not been declared by the Kanpur University despite the order dated 12th November, 2009 that was issued by the State Government for the said Academic Session 2009-10. 16. What is contended by the learned Additional Advocate General is that the BBA and BCA Courses are Professional Courses and, therefore, the orders dated 12th November, 2009 or 27th December, 2010 will not help the Institution. This fact is seriously disputed by the Kanpur University and it is stated that the BBA and BCA Courses are not Professional Course and that is why the Kanpur University had declared the result of the students admitted in the Academic Session 2010-11. 17. When the Kanpur University has stated that BBA and BCA Courses are not Professional Courses and when no document has been placed by the State to substantiate that BBA and BCA are Professional Courses, it is difficult to accept the contention of the learned Additional Advocate General that BBA and BCA Courses are Professional Courses. There is actually no difference in the orders dated 12th November, 2009 and 27th December, 2010 issued by the State Government for Academic Session 2009-10 and the next Academic Session 2010-11 respectively and so when the result of the students admitted in the Academic Session 2010-11 had been declared by the Kanpur University, there is no good reason as to why a direction for declaration of the result of the students admitted in the Academic Session 2009-10 should not be given. 18. 18. Learned Additional Advocate General has contended that the result of the students admitted in the Academic Session 2009-10 cannot be declared when the Institution did not have affiliation as the earlier temporary affiliation expired on 30th June, 2009. This submission of learned Additional Advocate General cannot be accepted in view of the peculiar facts and circumstances of the case narrated above and in view of the specific orders issued by the State Government itself for permitting students to appear at the examination when grant of permanent affiliation was pending with the State Government. It also needs to be noticed that it is not a case where for the first time affiliation was being given by the University. The Institution had been imparting BBA and BCA Courses from 2000 and each time, temporary affiliation that was granted for a period of three years was being extended and the last temporary affiliation expired on 30th June, 2009. The Institution has been granted permanent affiliation with effect from 1st July, 2011. In such circumstances, when the delay in grant of permanent affiliation had occurred because of the State Government in granting the No Objection Certificate in time and when the No Objection for change of the location of the Institution within the same district, if any, was required to be given by the State Government which also had to grant the previous sanction for permanent affiliation and when orders had also been issued by the State Government to permit students to appear at the examinations during the pendency of the grant of permanent affiliation, the affiliation to the Institution should be deemed to have been granted with effect from 1st July, 2009 instead of from 1st July, 2011. The decisions of the Supreme Court and the decisions of this Court referred to above relied upon by learned Additional Advocate General, therefore, do not help the respondents. The orders impugned in the writ petition cannot, therefore, be sustained. It would, therefore, be appropriate to direct the Kanpur University to declare the result of the students who were admitted in the Academic Session 2009-10. The writ petition is, accordingly, allowed. The impugned orders are set aside and a direction is issued to the Kanpur University to declare the result of the students who were admitted in the Academic Session 2009-10. ——————