Ramnath Singh Pashu Chikitsa Evam Pashu Vigyan Mahavidhayalaya v. State of M. P.
2021-02-27
ANAND PATHAK, SHEEL NAGU
body2021
DigiLaw.ai
JUDGMENT : 1. Writ jurisdiction of this Court u/A. 226 of Constitution is invoked praying for the following reliefs: "(i) That, the impugned order Annexure P/1 dated 25.01.2021 passed by the respondent No. 3 may kindly be set aside in the interest of justice further respondent No. 3 may kindly be directed to grant the affiliation to the petitioner institution for the course of Diploma in Animal Husbandry Veterinary Polytechnic Collage for the academic session 2020-21. (ii) That, the respondents may also kindly be directed to include the name of the petitioner institute in the recognized Institute for participating in the counseling of Diploma in Animal Husbandry Polytechnic Collage seats 90. (ii) That, respondents further may kindly be directed to allow the petitioner institution for conduct special counseling in pursuance to recent Hon'ble Apex Court judgment. (iii) That, the other relief doing justice including cost be awarded." 2. Petitioner is a college run by a society registered under M.P. Society Registrikaran Adhiniyam, 1973. Earlier petitioner filed applications for affiliation which were kept pending and no order thereupon was passed by respondent No. 3-University impelling petitioner to prefer W.P. 18077/2020 which was disposed of on 01.12.2020 vide P/14 with following directions: "Be that as it may, without commenting on merits of matter, this court deems it appropriate to dispose of this petition with direction to respondents No. 1 & 2 to decide applications (Annexures P/8 to P/10 dated 28/7/2020, 2/8/2020 and 5/11/2020) of petitioner subject to petitioner satisfying all legal prerequisites as expeditiously as possible preferably within a period of one month from the date of receipt of certified copy of this order. In case, respondents No. 1 & 2 are not inclined to grant NOC/permission then speaking order be passed in that regard and communicated to petitioner. Disposed of accordingly, sans cost." 2.1. Pursuant to the aforesaid direction of this Court, the NOC was granted in favour of petitioner by the State vide P/2 dated 13.01.2021. Thereafter petitioner applied before respondent No. 3-University for grant of affiliation dated 22.01.2021 after depositing requite fee by way of bank draft in terms of "Rules For Affiliation of Private Veterinary Polytechnic Offering Two year Diploma In Animal Husbandry, 2019 (for brevity 2019 Rules)" vide P/3.
Thereafter petitioner applied before respondent No. 3-University for grant of affiliation dated 22.01.2021 after depositing requite fee by way of bank draft in terms of "Rules For Affiliation of Private Veterinary Polytechnic Offering Two year Diploma In Animal Husbandry, 2019 (for brevity 2019 Rules)" vide P/3. Thereafter, the respondent/University by impugned letter dated 25.01.2021 vide P/1 informed that since process of admission to diploma course in Veterinary Polytechnic for the academic session 2020-21 has come to an end, the application for affiliation cannot be accepted. The said letter dated 25.01.2021 is assailed in this petition. 3. Learned Senior Counsel Shri R.D. Jain assisted by Shri Ajay Bhargava, learned counsel for the petitioner are heard on the question of admission. 4. A bare perusal of the aforesaid 2019 Rules (P/12) reveals that Clause 2 of Chapter IV of 2019 Rules relates to annual provisional affiliation for new colleges for first year admission, whereby an advisory has been issued to all applicants who seek affiliation to file their respective applications by the month of December-January of the preceding academic session to enable the University to have ample time to process, inspect and affiliate, if found fit. Relevant Clause 2 of Chapter IV of 2019 Rules is reproduced below for ready reference and convenience: "2. Application for Affiliation shall be in the prescribed format along with Non-Refundable Processing Fee of Rs. 50,000/- (Rupees Fifty thousand only). This application shall be valid for, only forthcoming academic session. If the applicant fails to obtain affiliation of the University, it shall have to apply afresh for the next session, by obtaining fresh prescribed application form and depositing application fee along with filed application form. Therefore, it is advised that application for affiliation should be filled by the month of December-January of the preceding academic session so that the University gets ample time to process, inspect and affiliate. Nevertheless, the University does not guarantee any time limit of process to the applicant." 4.1. There is further bar against admission of students without clear cut permission/affiliation by University. Relevant Clause 1 of Chapter V is reproduced below: "1. The College/Institute shall not be able to admit students for that session without clear cut permission by the University. The admission of the students in the private affiliated College/Institute will be as per the norms set by the University for constituent College/Institute." 5.
Relevant Clause 1 of Chapter V is reproduced below: "1. The College/Institute shall not be able to admit students for that session without clear cut permission by the University. The admission of the students in the private affiliated College/Institute will be as per the norms set by the University for constituent College/Institute." 5. The record reveals that an application seeking affiliation was filed vide P/3 on 22.01.2021 and therefore the same can be treated only for academic session 2021-22 as per Clause 2 of Chapter IV of aforesaid 2019 Rules. 5.1. Therefore, the insistence of petitioner that counseling is still on for the academic session 2020-21 is of no avail as the affiliation application vide P/3 is meant for academic session 2021-22 and not 2020-21. 6. In view of above, no fault can be found with the impugned letter dated 25.01.2021 vide P/1 of University declining grant of affiliation to the petitioner/Collage. 7. In case Rules permit, the University is free to treat the application vide P/3 for 2021-22 session. 8. Accordingly, petition fails and is dismissed sans cost.