CHANAKYA LAW COLLEGE v. UNIVERSITY GRANT COMMISSION
2016-10-19
SUDHANSHU DHULIA
body2016
DigiLaw.ai
JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) 1. The petitioner is a society, namely, ‘Chanakya Society of Legal Studies’ registered under the Societies Registration Act, which runs a College i.e. Chanakya Law College at Rudrapur, District Udham Singh Nagar. The petitioner is imparting education in three courses i.e. (i) BA LLB (5 years course), (ii) BBA LLB (5 years course), (iii) LLB (3 years course). All these courses were started in the year 2012. 2. The case of the petitioner before this Court is that temporary affiliation has been granted by the Kumaun University for a period of one year and every year on a fresh application, it was extended for further one year. This time again, the petitioner sent requisition to the Kumaun University for fresh affiliation but they have been asked by the Kumaun University that they will be given affiliation only if fresh nominations are made of their experts for selection of the teaching faculty of these courses. 3. The contention of the petitioner before this Court is that the teaching faculty was duly selected on the approval of the Kumaun University in the year 2012 itself and thereafter the sanction was granted to the same teachers who are presently teaching in the college, therefore, there is absolutely no necessity for having a fresh selection committee for which requisition should be sent for University for appointment of an expert. 2 4. In the counter affidavit, respondents have relied upon condition No. 3.4.7 of University Grants Commission (Affiliation of Colleges by Universities) Regulations, 2009, which reads as under:- “3.4.7. to the effect that the college shall obtain the eligibility approval of the appointed teaching staff from the University within three months of affiliation and shall report all changes in the teaching staff and all other changes that may affect the fulfillment of the conditions for affiliation to the University within a fortnight of changes coming into effect.” 5. From the perusal of the aforesaid provision it appears that there is no such instruction to get approval every year unless or until the colleges intend to make any change in the existing faculty. However, the objection of the University is that since the affiliation is only for one year, therefore, the college has to get the faculty approved from Kumaun University every year which shall only be done by their experts. 6.
However, the objection of the University is that since the affiliation is only for one year, therefore, the college has to get the faculty approved from Kumaun University every year which shall only be done by their experts. 6. However, in the entire UGC Regulation, there is no such provision by which the University has to take a fresh approval of all the teaching staff. The condition imposed upon the petitioner appears to be wholly illegal and arbitrary and not warranted by any of the regulations. 7. In view thereof, the writ petition is allowed. The order dated 26.04.2016 passed by respondent No. 3 is hereby quashed.