Ronia Lingi v. HNB Garhwal University (Central University) Pauri Garhwal
2014-12-09
ALOK SINGH
body2014
DigiLaw.ai
JUDGMENT : Alok Singh, J. All these writ petitions are interconnected and involve identical questions of facts and law, therefore, with the consent of learned counsel for the parties, all these writ petitions are heard together and are being disposed of by this common judgment. To understand the controversy, facts of Writ Petition No. 2660 of 2014 (M/S) are being taken up for consideration. Respondent No.3, Institution moved an application, seeking affiliation to start few graduate and post graduate courses in the institute, i.e. B.Sc. Horticulture, B.Sc. Fisheries, M. Sc. Physics, M. Sc. Agronomy, M. Sc. Mathematics and M. Sc. Geology, in the month of October, 2013 for the academic sessions 2014-15 onwards; vide letter dated 23.04.2014, respondent No.3 institute was intimated by the University that Committee has been constituted to carry out the inspection to consider the request for affiliation to the new courses and inspection shall be carried out in the institute on 18.05.2014; committee carried out inspection in the college on 18.05.2014 and recommended for grant of affiliation to the new courses; in anticipation that affiliation would be granted, respondent No.3 institute granted admission to the petitioners in B.Sc. Horticulture; since till day affiliation has not been granted by the University, petitioners students preferred present writ petitions seeking writ of mandamus commanding the University to grant affiliation in favour of the institute to the courses wherein petitioners were granted admission. Mr. Rajendra Dobhal, learned Senior Counsel, appearing for the petitioners, in all writ petitions, has vehemently argued that since Committee was constituted by the University to carry out inspection to make recommendation on the question of grant of affiliation to the new courses and Committee has already recommended the matter, therefore, in anticipation of the grant of affiliation, institute granted admission to the students in different courses. Learned counsel for the petitioners further contends that since commendation has already been made by the committee so constituted by the University, therefore, University is duty bound to grant affiliation and University cannot turn down recommendation so made by the Committee constituted by the University. On the other hand, Mr. Paresh Tripathi, learned counsel for the respondents/University submitted that Academic Council in its meeting held on 7th September, 2013 has decided that University would not consider any proposal for affiliation to any new institute or any new course.
On the other hand, Mr. Paresh Tripathi, learned counsel for the respondents/University submitted that Academic Council in its meeting held on 7th September, 2013 has decided that University would not consider any proposal for affiliation to any new institute or any new course. Further contended that mere recommendation made by the Committee does not mean that University, in any case, has to grant affiliation. Undisputedly, petitioners were granted admission in different courses which were never affiliated by the University. In my considered opinion, any College or Institute is not authorized to grant admission in the courses which were never affiliated before the grant of admission. Any admission granted to the petitioners for the courses in anticipation of the grant of the affiliation, cannot be said to be legal. In view of the above, admission granted to the petitioners were totally illegal for want of affiliation. Recommendation made by the Committee may be either accepted or rejected by the University and mere recommendation does not create any right either in favour of the institute or in favour of the students. It is important to mention that none of the institute has filed any writ petition seeking mandamus against the University to consider the recommendation to take decision thereon. Since admissions in favour of the petitioners were illegal, therefore, petitioners have absolutely no legal right to be enforced in their favour and this is settled position of law that mandamus can be issued to enforce legal right. Therefore, writ petitions filed by the petitioners students are not maintainable. At this stage, Mr. Rajendra Dobhal, learned Senior Counsel for the petitioners, has vehemently argued that petitioners would unnecessary suffer for the action of the institute. Even if mandamus is issued today, affiliation would be from the prospective date and not from the retrospective effect, therefore, in any case, admission in favour of the petitioners is illegal. It is true that institutes have played with the career and prospects of the petitioners for which students shall be at liberty to seek compensation / damages from the institutes. . Therefore, all these writ petitions fail and are hereby dismissed. However, in the facts and circumstances of the case, no order as to cost.