JUDGMENT : N. PAUL VASANTHAKUMAR, J. 1. This writ petition in public interest is filed by the petitioners questioning the action of the respondents in starting the classes of B.A. Part-1 of Government Degree College, Majalta in Government Middle School, Baryalta instead of Government Higher Secondary School Majalta and for direction to respondents to shift the Government Degree College from Government Middle School, Baryalta to Government Higher Secondary School, Majalta and further directions to construct and establish full fledged Government Degree College, Majalta at Tensil Headquarter Majalta on the land measuring 103 kanals offered free of cost by the inhabitants of Village Majalta. 2. It is the case of the petitioners, who are residents of Tehsil Majalta, that some of the petitioners along with others had filed WPPIL No. 15/2011 and this Court directed the respondents to establish Government Degree College at Majalta and ultimately the matter went to Hon'ble the Supreme Court and while hearing the matter on 27.01.2016 the Hon'ble Supreme Court directed the Government to implement the order of this Court and submit a report of establishing the Degree College by 15th of July, 2016 and ordered the listing of the matter for reporting compliance on 18.07.2016. Thereafter the College was established, however, instead of establishing the Degree College at Majalta, it was made functional at Government Middle School Baryalta by sending the students of the said school to the residence of a villager. 3. The petitioner no. 1, who is Sarpanch of village Majalta, petitioner no. 2 being Sarpanch of Village Peoni, petitioner No. 3 being Naib Sarpanch of Village Majalta and petitioner no. 5 being President of Majdoor Kisan Manch, Majalta, along with other residents of Tehsil Majalta being aggrieved over the said action of the respondents in establishing the Government Degree College at Baryalta, that too in a Middle School building where classes of Middle School having three class room building was conducted, made a demand to establish the Degree College at Majalta by shifting the same from Middle School Baryalta to Government Higher Secondary School, Majalta and no action being taken, this writ petition has been filed. 4. 4. The brief background of the case for our understanding are stated as follows:- The Government of India announced the Scheme of Financial Assistance to the State Governments for establishing Model Degree Colleges in 374 Districts in the Country where the Gross Enrolment Ratio (GER) in higher education was lower than the national average. Under the said Scheme, 11 Educationally Backward Districts in the State of Jammu and Kashmir were identified which was based on the census of 2001. Under annexure-1 of the said communication, District Udhampur was noted as one of the Districts apart from other districts. Instead of establishing the Degree College at Udhampur before Division of the District, the College was established in another District namely Reasi. The said action of the respondents was stayed by this Court in WPPIL no. 15/2011 and the College established at Sarh Bagga, Mahore in District Reasi could not function. To settle the said controversy the then learned Advocate General gave a statement before this Court stating that the issue was considered at the highest level and Government vide Government Order No. 329-HE of 2012 dated 13.08.2012 constituted a Committee comprising of five officers to look into the matter. The Committee visited as many as 17 places, including Majalta and thereafter report was filed and the learned Advocate General further stated that there is every likelihood of establishing a Degree College at Majalta within that financial year itself and same would redress the grievance of the petitioners. On the assurance given by the learned Advocate General the learned counsel for the petitioners at that time also gave consent for disposal of the writ petition and due to the disposal of the writ petition the interim stay granted against establishing Government Degree College at Sarh Bagga, Mahore in District Reasi, which was stayed stood vacated. The said order having not been complied with, contempt petition CPPIL No. 08/2013 was filed before this Court and the Division Bench of this Court, taking note of the undertaking/assurance given by the learned Advocate General to establish a College at Majalta, making the learned counsel for the petitioners to believe that Degree College would be established, recorded a finding that the Advocate General having given an undertaking which was recorded also, the respondents cannot go back and a direction was issued to establish the Degree College at Majalta within three months. The said order was passed on 18.12.2015 which was challenged by the respondents in Hon'ble Supreme Court by filing SLP (C) No. 1679/2016. When the Special Leave Petition was heard on 27.01.2016, the learned counsel appearing for the State, on specific instructions from the State, submitted that orders passed by the Division bench of this Court dated 18.12.2015 will be complied with in letter and spirit by establishing the degree college at Majalta within three months and making functional by July 15, 2016. The said undertaking was recorded and the Special Leave Petition was disposed of and only to snow compliance of the order the same was directed to be listed on 18.07.2016. Thereafter the Government in Higher Education Department passed the order establishing the College at Majalta. The said order reads thus:- "Government of Jammu and Kashmir Higher Education Department Civil Secretariat Jammu/Srinagar The Director School Education Jammu. No. HE/Estab/Make-Shift/2016 Dated: 07.07.2016 Sub: Establishment of Government Degree College, Majalta. The Department of Higher Education has sanctioned establishment of Government Degree College at Majalta vide Government Order No. 242-HE of 2016 dated 05.07.2016. Since the academic session for the year 2016-17 is scheduled to commence in the third week of current month July, 2016. You are requested to provide necessary accommodation on make-shift arrangement basis ranging between 5-6 rooms with immediate effect in an ideal academic area, facilitating the admission-of the students, aspiring to continue degree level education of various degree courses certified by the University of Jammu. Requisite accommodation in this respect in the Higher Secondary School, Majalta for start of the Degree College in the month of July, 2016 may please be ensured. Yours faithfully (Irfan Manzoor) KAS Under Secretary to Government Higher Education Department" 5. Thus the point for consideration in this case is as to whether the respondents are justified in establishing the Degree College at Baryalta that too in a three room Middle School building where the Middle School was functioning. 6. Mr. Yours faithfully (Irfan Manzoor) KAS Under Secretary to Government Higher Education Department" 5. Thus the point for consideration in this case is as to whether the respondents are justified in establishing the Degree College at Baryalta that too in a three room Middle School building where the Middle School was functioning. 6. Mr. Sunil Sethi, learned senior counsel appearing for the petitioners argued that an undertaking having been given by the Learned Advocate General to set up the Degree College at Majalta and same having been recorded in the order dated 11.09.2012 and in the contempt petition instituted a direction having been issued on 18.12.2015 to comply with the undertaking by establishing a College at Majalta within three months and the learned counsel representing the State having assured the Hon'ble Supreme Court on 27.01.2016 that the College would be established at Majalta by July, 2016, the respondents are not entitled to establish the College at a different place that too where the building is inadequate and inspite of availability of Government Higher Secondary School, Majalta, the respondents have established the College at Baryalta only to defeat the orders of this Court affirmed by Hon'ble the Supreme Court. The learned senior counsel also argued that University Statute contains conditions for affiliation and recognition of Degree Colleges as per which at least 8 Kanals of land is required for construction area, i.e. class rooms Library Laboratories, workshop(s), Computer Rooms etc., administrative area, ie. Staff rooms, stores, conference room, common room for students, canteen, offices for NCC/NSS, dispensary, students activities centre, play grounds, multipurpose examination hall and at least two kanals for Residential area i.e. student hostel, staff quarters etc. and the Statute is breached by the respondents by establishing the Degree College in a three room Middle School building, therefore, on any account the action of the respondents in establishing the Degree College at Baryalta is not justified, and the College has to be shifted to Majalta. 7. The learned Advocate General, relying on the reply filed by the respondents, submitted that a Committee constituted visited the Higher Secondary School Majalta and found that there is no spare accommodation of 5-6 rooms for establishing the College and Government Middle School Baryalta located at Dhar road was recommended. 7. The learned Advocate General, relying on the reply filed by the respondents, submitted that a Committee constituted visited the Higher Secondary School Majalta and found that there is no spare accommodation of 5-6 rooms for establishing the College and Government Middle School Baryalta located at Dhar road was recommended. It is also stated in the reply that the College has been opened in Middle School Baryalta till regular campus of the College is identified to construct the buildings in due course of time. It is also submitted that the College is functioning at Baryalta and it is not possible to shift the College immediately. Insofar as the minimum requirement of land and building for establishing a College under the University Statutes, learned Advocate General fairly submitted that a new site will be identified and the College will be shifted after constructing the required buildings in due course. The learned Advocate General also submitted that the prayer made in the earlier writ petition was to establish a Degree College at Majatla and not at a particular place in Majalta and the College now established i.e. at Baryalta is also within Tehsil Majalta, therefore, there is no breach of undertaking given. 8. We have considered the rival submissions in the light of the orders passed in WPPIL no. 15/2011 dated 11.09.2012, order in Contempt Petition CPPIL no. 08/2013 dated 18.12.2015 and Special Leave Petition (Civil) No. 1679/2016 dated 27.01.2016 and the order of sanction dated 07.07.2016 as well as the Statutes governing the Affiliation and Recognition of Colleges issued by University of Jammu. 9. The fact that the learned Advocate General gave assurance before this Court to set up a Degree College at Majalta, which was found satisfactory to the learned counsel appearing for the petitioner as well as the Division bench and recording assurance given by the learned Advocate General that College would be established at Majalta within a reasonable time, and based on assurance the stay of operation of establishment of College at Sarh Bagga, Mahore in District Reasi was vacated are not in dispute. The assurance given by the learned Advocate General, recorded in the order was not implemented which necessitated to file contempt petition CPPIL no. The assurance given by the learned Advocate General, recorded in the order was not implemented which necessitated to file contempt petition CPPIL no. 08/2013 and in the contempt petition direction was issued to establish the Degree College at Majalta and not in Baryalta and that was not the case put forward by the respondents either while deciding the writ petition or while deciding the contempt petition. The respondents have not taken such a plea before Hon'ble the Supreme Court also when the Special Leave Petition was argued. The undertaking given by the learned counsel appearing for the State, based on instructions, which is mentioned in the order of Hon'ble Supreme Court dated 27.01.2016, also states about establishing the Degree College at Majalta within three months and making it functional by July, 2016. The said order reads thus:- "The learned counsel appearing for the petitioners, and more particularly the counsel appearing for the State of Jammu & Kashmir, on specific instructions submits that the orders passed by the High Court will be complied with in letter and spirit by establishing the degree college at Majalta, Udhampur within three months and making it functional by July, 2016. This submission is recorded. In view of the fair stand now taken by the State, we request the High Court to defer the contempt proceedings. The Chief Secretary of the State shall file an affidavit regarding the functioning of the college by 15th July, 2016. With the above directions, this Special Leave Petition is disposed of. Pending interlocutory applications, if any, are disposed of. The Registry is directed to list the case with Office Report for Directions on 18.07.2016 along with the affidavit filed by the Chief Secretary of the State." 10. The order establishing the College by the Government dated 07.07.2016 also states that College is sanctioned to the place "Majalta". Thus it is not open to the respondent to now contend that orders passed by this Court, both in the writ petition and contempt petition and the undertaking given before Hon'ble the Supreme Court should be ignored as the respondents have established the Degree College at Baryalta. The Degree College is now established at Baryalta that too in a Middle School building having only three class rooms. The Statutes of the University is relevant to be considered for this purpose. The Degree College is now established at Baryalta that too in a Middle School building having only three class rooms. The Statutes of the University is relevant to be considered for this purpose. Insofar as the land and infrastructure is concerned, general conditions (ii)(a), (b), (c) and (ix) to (xvi) are more relevant. The same are extracted herein under:- "General Conditions for Affiliation and Recognition 2..................... i.............................. ii that the institution has undisputed possession of land as per norms indicated below:- (a) Affiliated College Offering B.A. BSc or B.Com.Course(s) with total roll of 400 students or less in all classes Atleast eight Kanals, preferably as one piece. In case the College/Institution to procure one piece of land measuring eight Kanals. It may have one piece measuring at least six Kanals for Instructional area (i.e. class rooms, Library. Laboratories. Workshop(s). Computer rooms. Etc.). Administrative area (i.e.) offices, staff room, stores, conference room, etc.) and students Amerities area (i.e. common room for students. Canteen, offices for NCC and or NSS, dispensary, Students activities centre, play grounds. Multipurpose/Examination Hall, etc. And the other piece measuring atleast two kanals for Residential area (i.e. Students' Hostel, Staff quarters etc.) Or (b) Constituent College offering B.Ed course with roll of 400 students or less Or (c) Affiliated Oriental institution with total roll of 400 students or less Provided that the College, intending to have enrolment higher than that mentioned above shall acquire more area of land in appropriate proportion; iii that it guarantees a satisfactory standard of educational efficiency for the purpose for which recognition or affiliation is sought, and that it is established on permanent basis; iv that it is situated within the territorial jurisdiction of the University; v that it is not imparting education for private gain or profit; vi that its financial resources are such as to make provision for its continued maintenance; vii that it satisfies a demand for higher education in a particular locality; viii that the college/institution not maintained by the Government, it is prepared to adopt the scales of pay prescribed by the State Govt. from time to time, ix that the play ground is suitable and sufficient; In case the institution finds itself deficient in this regard, it will arrange the facilities of play grounds and allied equipment from the University/public institutions on payment of such charges as may be mutually decided. from time to time, ix that the play ground is suitable and sufficient; In case the institution finds itself deficient in this regard, it will arrange the facilities of play grounds and allied equipment from the University/public institutions on payment of such charges as may be mutually decided. x that the furniture and equipment are adequate; xi that facilities for the residence of students are satisfactory; xii that due provision is available for the health and recreation of students; xiii that it is prepared to furnish such reports, returns and other information as provided by the Statutes or as the University/State Govt. may require from time to time; xiv that provision has been made for a suitable library; xv when affiliation is sought in any branch of experimental sciences, that arrangements have been made for imparting instruction in that branch of science in a properly equipped laboratory or museum; xvi that the institution is in undisputed possession of a suitable building for meeting all its requirements; 11. The said statutory prescription of land and infrastructure must be complied with by the respondents while establishing a Degree College. The land and infrastructure are not available in the existing school building at Baryalta. The learned Advocate General fairly submitted that this is a temporary arrangement and suitable site will be chosen to establish the Degree College permanently. 12. Thus it is ordered that site must be chosen in Majalta town and the infrastructure, as required under the Statues must be made available for the said College. The respondents while choosing the new site may consider the suitability of the site offered by the villagers at free of cost in centrally located place which is specifically stated in the representation addressed to District Development Commissioner, Udhampur, dated 12.07.2016 which is also mentioned in prayer (C), stating that they are willing to donate 103 kanals of land free of cost. The respondents shall also bear in mind while selecting the site for the College whether the students can easily visit and transport facility is available etc. The respondents shall also bear in mind while selecting the site for the College whether the students can easily visit and transport facility is available etc. The College having been made functional at Middle School Baryalta as a Make-Shift College, we are not issuing direction to forthwith shift the College to Majalta, however, the respondents shall identify suitable land in Majalta Town to construct the buildings as required as per Statutes, within a period of two years from the date of receipt of this order and also take steps to shift the Degree College to a suitable building at Majalta from the beginning of ensuing academic session i.e. 2017-2018. It is also made clear that respondents shall not continue the functioning of the Degree College at Baryalta beyond the end of this academic year. 13. With above directions the writ petition is disposed of. No costs.