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2017 DIGILAW 1795 (RAJ)

VINAYAK MAHAVIDHLAYA v. PANDIT DEENDAYAL UPADHYAYA SHEKHAWATI UNIVERSITY, SIKAR (RAJ) THROUGH ITS REGISTRAR

2017-08-10

ALOK SHARMA

body2017
JUDGMENT : ALOK SHARMA, J. 1. Under challenge is the order dated 22.12.2016 passed by the respondent University refusing to grant affiliation to the petitioner College for its 3 year B.Sc. Degree course for Academic Year 2016-17. That refusal is impugned as arbitrary, liable to be set-aside. Appropriate directions beneficial to the petitioner-College's are also sought. 2. Heard. Considered. 3. The documents annexed by the petitioner college with the writ petition i.e. Annexure-2, 3 and 5 make it clear that it at the relevant time it did not have either permanent or temporary NOC from the State Government for the 3 year B.Sc. degree course for the academic year 2016-17. Initially a temporary NOC was indeed granted by the State Government to the petitioner-college on 6.1.2011 valid for the academic sessions 2011-12, 2012-13 and 2013-14 allowing it inter-alia to commence the arts and science subject/ courses which would have included a 3 year B.Sc. Degree course. However, when the temporary NOC came to be extended by the State Government vide orders dated 25.7.2014 and 22.2.2016 for the academic session 2014-15 and 2015-16 respectively, it was limited to the existing courses being taught at the relevant time in the petitioner-college. Admittedly, both as on 25.7.2014 and 22.2.2016, the petitioner-college was not teaching any 3 year B.Sc. degree course, but only B.A. (Hindi, English, Sanskrit, History, Political Science, Public Administration, Economics) and M.A./M.Sc. (Geography) as also MA (Hindi). Consequently NOC by the State Government for running a 3 year B.Sc. degree course did not obtain after academic year 2013-14. Affiliation by the respondent - University for the petitioner-college's B.Sc. Course in the academic year 2016-17 could not be granted in the absence of NOC. The University of Rajasthan affiliation rules apply to affiliations by the respondent - University by virtue of Section 49 of the Shekhawati University Act, 2012 under which it has been established. Rule 2.4.5 of the affiliation rules of the University of Rajasthan provides that an application to start a new college or to run fresh course(s) should be accompanied inter-alia by an "appropriate order from the Government permitting the Society / Trust to start the college with details of the courses / programmes intended to be offered." NOC of the State Government permitting the commencement of 3 year B.Sc. degree course was, therefore, a sine-qua-non for the respondent-University allowing affiliation to the petitioner college for its B.sc. degree course was, therefore, a sine-qua-non for the respondent-University allowing affiliation to the petitioner college for its B.sc. 3 year degree course in the academic session 2016-17. 4. It, however, appears that the petitioner-college has admitted / enrolled students in the academic session 2016-17 for B.Sc. First year without having a valid NOC from the State Government, or an affiliation for the course from the respondent- University. Retrospective affiliation to a college cannot be granted inasmuch as clause 3.4.1 of the University Grants Commission (Affiliation of Colleges by Universities) Regulations, 2009 (for short, 'Regulations of 2009') provides that colleges can impart instruction only in subjects and for courses / programmes in the faculties, for which affiliation has been granted by the concerned University and retrospective affiliation will not be granted. The petitioner - college cannot thus in any circumstance seek retrospective affiliation for its three year B.Sc. Degree course in aforesaid academic year 2016-17. 5. Further by letter dated 16.1.2017, the respondent - University had informed the petitioner-college that it had violated the UGC affiliation Regulations of 2009 as also the instructions of the State Government by admitting students in B.Sc. First Year in the academic session 2016-17 without having the requisite affiliation. However, in the interest of the 35 students unlawfully admitted by the petitioner-college in B.Sc. First Year, the College was informed that the said students could be treated as non-collegiate. The respondent-University, thereafter in the interest of the aforesiad non collegiate 35 students, informed the college that the practical examination centres for them would be designated by the University. The designated centre were then communicated vide letter dated 3.5.2017. This information also included the centre for practical examination of 35 non collegiate students admitted by the petitioner-college in B.Sc. Ist Year. The students of the petitioner - college were assigned the examination centre for practical examination at the S.N.K.P. Government College, Neem Ka Thana, Sikar. Yet it appears that the petitioner - college conducted the practical examination for the 35 students unlawfully admitted to B.Sc. First Year in the subjects of Chemistry, Botany and Zoology with the aid of externals supposedly nominated by the respondent-University at its own premises and not at the S.N.K.P. Government College, Neem Ka Thana, Sikar as designated by the respondent-University. Yet it appears that the petitioner - college conducted the practical examination for the 35 students unlawfully admitted to B.Sc. First Year in the subjects of Chemistry, Botany and Zoology with the aid of externals supposedly nominated by the respondent-University at its own premises and not at the S.N.K.P. Government College, Neem Ka Thana, Sikar as designated by the respondent-University. The respondent- University has already issued show cause notices dated 7.7.2017 to the externals, who the petitioner-college alleges to have aided or guided in holding the practical examination for the subjects of Chemistry, Botany and Zoology in B.Sc. Part-I at its own college and not at the S.N.K.P. Government College, Neem Ka Thana, Sikar, designated by the respondent - University. 6. I am of the considered view that from the facts on record, gross illegalities have been committed by the petitioner - college in the commencement of 3 year B.Sc. degree course without a NOC from the State Government and affiliation from the respondent University. The leniency of the respondent - University qua the 35 students unlawfully admitted by the petitioner-college in its 3 year B.Sc. degree course in treating them as non-collegiate students and providing for designated centres for holding of their practical examination has been misused by the petitioner- college, by taking practical examinations of the students at its own college campus. The petitioner college far from making out a case of breach of its illegal rights by the respondent University has been shown to be operating beyond the realm of law. 7. There is evidently no force in the writ petition laid by the petitioner - college. The petitioner-college is not entitled to any direction as sought from this court for setting aside the order dated 22.12.2016 issued by the respondent - University refusing it affiliation for its 3 year B.Sc. degree course for the academic session 2016-17. No legal ground obtains for the petitioner-college to be entitled to any direction for grant of affiliation for B.Sc. course for the academic session 2016-17. The petition is dismissed.