ORDER : The petitioners are seeking directions to Gulbarga University in the matter of issue of eligibility certificates to pursue and complete B.Ed. course for the Academic Year 2014-15 for petitioner Nos.1 to 100 by also issuing the order of affiliation in favour of petitioner No.101-Smt. Indira Gandhi College of Education, Kalaburagi. 2. The petitioners 1 to 100 are the students (hereinafter referred to as, ‘the students’) admitted to B.Ed. Course for Academic Year 2014-15 by petitioner No.101 i.e., Smt. Indira Gandhi College of Education, Kalaburagi 585 103 (hereinafter referred to as, ‘the College’). According to the College the students were admitted between 24.11.2014 to 31.01.2015 and the list of admissions was submitted to the University. The College contends that the Demand Draft sent towards eligibility fees of the students was returned without assigning any reason and there is also failure on the part of the University to issue Affiliation Certificate. Alleging inaction on the part of University, these petitions were filed on 17.07.2015 and an ad-interim ex-parte order obtained against the University to permit the students to appear for the examination of I Semester B.Ed. Course scheduled to commence on 22.07.2015. The ad-interim order made clear that the students cannot claim any equity and the University shall not announce the result without prior permission. 3. By filing detailed statement of objections the University opposed the case on multiple grounds. 4. Upon hearing learned counsel for the parties and on careful perusal of the record of the case, it became clear that the College, without there being an order of Affiliation from the University has admitted students to B.Ed. Course for the Academic Year 2012-13 onwards. The College has even ignored the adverse interim orders passed against it in W.P. No.102099/2013 and connected cases. It is to be observed that despite the pendency of W.P. No.102099/2013 and connected cases, on the date these petitions were filed, not even a whisper was made about the same in these petitions. Thus, there is suppression of the pending litigation which appears to be deliberate, to avoid bringing to the notice of Court the order passed on 19.07.2013, i.e. in W.P. No.102099/2013, a reference to which would be made infra. It is manifestly clear that the College has not approached the Court with clean hands. Thus, there is suppression of the pending litigation which appears to be deliberate, to avoid bringing to the notice of Court the order passed on 19.07.2013, i.e. in W.P. No.102099/2013, a reference to which would be made infra. It is manifestly clear that the College has not approached the Court with clean hands. The practice of educational institution admitting students without requisite recognition or affiliation despite being depricated, time and again, has no effect on petitioner No.101 – College, which put forth the usual plea of career of innocent students, to overcome the illegalities committed. The College has shown scanty regard to the requirement of affiliation and highhandedly admitted students to B.Ed. Course from 2012-13 onwards to make illegal gains. 5. I.A.1 was filed by Sri Ameet Kumar Deshpande to direct the University to declare and announce the results of the students of the examination held during July, 2015. Noticing the rival contentions and record of case and also the specific direction issued on 19.07.2013 in W.P. No.102099/2013 to the College ‘that it is not open to it to admit students to the next academic year,’ the application was rejected as per an order dated 14.01.2016. I.A. 2 filed for issue of direction to the University to permit the students to appear for II Semester examination commencing from 18.01.2016 was rejected on account of the order of rejection passed on I.A.1. The said orders attained finality. Despite the specific refusal of permission sought in I.A.2, the College has managed with the University and the students have taken the II Semester examination, which is highly shocking. In the face of the order passed on 19.07.2013 i.e. in W.P. No.102099/2013, noticed supra, the admission of students for the academic year 2014-15 is highly questionable and shows the unlawful & contemptuous conduct of the College. 6. On 31.08.2016 by considering the rival contentions and record of the case a direction was issued to the Registrar of the University to decide the claim made by the College seeking affiliation to run B.Ed. Course. In pursuance thereof, inspection having been conducted by a team of Officers of the University, it was recommended that the College does not deserve to be affiliated to the University. Course. In pursuance thereof, inspection having been conducted by a team of Officers of the University, it was recommended that the College does not deserve to be affiliated to the University. Copy of the Inspection Report with the annexures thereto, placed on record of this case, was furnished to the petitioners’ advocate, to enable the petitioners to file counter if any vide the order dated 15.09.2016. Sri Ameet Kumar Deshpande submitted that the College has not filed any objections to the findings in the Inspection Report. Hence, the Inspection Report, which shows several deficiencies, both ‘infrastructure and faculty’ is required to be accepted. 7. While hearing learned advocates, upon finding a resolution dated 30.12.2011 passed on Subject No.34 by the Syndicate of Gulbarga University, “for cancellation of recognition of the College with reference to a Report dated 08.12.2011 submitted by a Four Members Committee which had visited the College and noticed the infrastructural deficiencies including faculty members” and a Notification dated 20.01.2015 (Annexure-R1) having been belatedly issued by the University, there being serious omissions and commissions on the part of the University also, a direction was issued to the University to initiate action against the delinquent Officials, who failed to give effect to the said resolution by taking follow-up action. It is expected that the process put in motion in that regard, as was stated by Sri. A Vijaya Kumar, would be carried to its logical end and compliance report submitted soon to this Court by the University. 8. Pursuant to the orders passed on 31.08.2016 and 03.01.2017, Registrar of the University having conducted the inquiry on 04.01.2017, in which of the Principal and Management Representatives of the College have participated, Sri A.Vijay Kumar filed a memo dated 09.01.2017, enclosing a report of the proceeding. Copy of the said report was furnished to Sri Ameet Kumar Deshpande. Affidavit of Sri Moula Sab, S/o Fareed Sab, President of the Trust, which runs the College was filed, undertaking to comply with all the deficiencies pointed out by the Inspection Team of the University and also the deficiencies pointed out by the Registrar of the University. Sri Ameet Kumar Deshpande by taking instructions from Sri Moula Sab, present in the Court submitted that there would be compliance of all the deficiencies, in phased manner and before 30.04.2017. Sri Ameet Kumar Deshpande by taking instructions from Sri Moula Sab, present in the Court submitted that there would be compliance of all the deficiencies, in phased manner and before 30.04.2017. With reference to the memo filed on 18.01.2017 by the learned advocate for the University, highlighting the essential conditions to be fulfilled by the College, affidavit of Sri Moula Sab was filed, undertaking to comply all the deficiencies and also consult the University, verify the monetary dues and remit the same. The college shall act in terms of the said undertaking. In case of default, it is open to the University to initiate appropriate proceedings including contempt of Court proceedings against Sri Moula Sab and the College. 9. It is clear from the record of the case that the College has indulged in illegal acts of making admissions during the Academic Years when there is no order of affiliation of the University but also in utter defiance of the Order dated 19.07.2013 passed in W.P. No.102099/2013 and connected cases. The College does not deserve any kind of sympathy, as it has adopted ‘trick and stratagem’ to legalise its illegal actions by knocking the doors of this Court and by setting up its students, just prior to the commencement of examinations and obtain exparte interim orders on the usual plea of innocent students and claim equity, which became clear even during the hearing of W.P. No.102099/2013 and connected cases, disposed of as having become infructuous as per the order dated 09.01.2017. The College has made illegal admissions on account of the failure of University in not taking timely and diligent action, which becomes clear from the fact that despite the Syndicate Resolution passed on Subject No.34, on 30.12.2011, “to cancel recognition of the College”, follow-up executive action was not taken at all. It is apparent that certain undesired persons in the University have joined hands with the College and helped it over a long period of about 5 years. This case is an eye-opener for the University to take remedial action without any loss of time, not only in the interest of University but also the innocent students. 10. In RAJASTHAN PRADESH VAIDYA SAMITI Vs. UNION OF INDIA, (2010) 12 SCC 609 , Apex Court has held as follows: “22. This case is an eye-opener for the University to take remedial action without any loss of time, not only in the interest of University but also the innocent students. 10. In RAJASTHAN PRADESH VAIDYA SAMITI Vs. UNION OF INDIA, (2010) 12 SCC 609 , Apex Court has held as follows: “22. This Court has persistently depricated the practice of an educational institution admitting the students and to allow them to appear in the examination, without having requisite recognition and affiliation. This kind of infraction of law has been treated as of very high magnitude and of serious nature. Students of an unrecognised institution cannot legally be entitled to appear in any examination conducted by any Government, University or Board (Vide Sunil Oraon Vs. CBSE, (2006) 13 SCC 673). xxxx xxxx xxxx 24. In STATE OF T.N. Vs. ST. JOSEPH TEACHERS’ TRAINING INSTITUTE, (1991) 3 SCC 87 , this Court held that students of unrecognised institutions are not entitled to appear in any public examination held by the Government and it is not permissible for the Court to grant relief on humanitarian grounds contrary to law to the persons who claim to have passed any examination from such institutions. 25. In view of the above, it is evident that any institution which is not recognised cannot impart an education and students thereof cannot appear in the examination held by the Government, University or Board.” (emphasis is supplied) 11. There being no dispute with regard to the College not possessing the required infrastructure and faculty to impart the course of study, admissions having been made without an order of affiliation to the University and also in defiance of order dated 19.07.2013 passed in W.P. No.102099/2013 and connected cases, the two directions sought in these petitions cannot be issued. 12. However, having regard to the order passed on 31.08.2016 and the consequential inquiry conducted on 04.01.2017, the Registrar of the University should pass order on the application of the College for grant of affiliation. Depending upon the outcome thereof, it is for the Registrar to pass orders regarding declaration or otherwise of the result of the examinations taken by the petitioners 1 to 100. Petitions are disposed of accordingly. Depending upon the outcome thereof, it is for the Registrar to pass orders regarding declaration or otherwise of the result of the examinations taken by the petitioners 1 to 100. Petitions are disposed of accordingly. The Registrar, Gulbarga University shall pass the orders keeping in view the observations made supra and in accordance with law, within a period of 45 days from the date a copy of this order becomes available. Till the College complies with the observations made by the Inspection Team and also removes all the deficiencies pointed out in the proceedings dated 04.01.2017 of the Registrar of the University and remits the dues of the University, it shall not admit students to B.Ed. Course. In any future litigation concerning the course of study in the College i.e., either by the College or by its students, it shall be obligatory for the College to place on record a copy of this order, in view of the deliberate suppression of material facts.