ORDER : – The petitioner is an educational institution which is running various courses such as B.A., B.Com, B.B.A., B.Sc., (Physics, Maths, Chemistry, Computer Science, Botany, Zoology) and B.C.A. The petitioner was granted conditional temporary affiliation vide order dated 22-5-2017 for the academic year 2017-2018 by the respondent No. 2 University-Maharaja Chatrashal Bundelkhand University, Chhatarpur, District-Chhatarpur (M.P.), (hereinafter referred to as “the University”) for running first year course of the aforesaid subjects. 2. The case of the petitioner is that Statute No. 27 of the University is common for all the Universities and the respondent No. 2-University is not entitled to charge the affiliation fees more than the fees prescribed in the Statute No. 27. 3. The case of the respondent No. 2-University is that it has been established by the Madhya Pradesh Vishwavidhyalaya (Sansodhan) Adhiniyam, 2011, (hereinafter referred to as “Sansodhan Adhiniyam 2011”) which was published in the Madhya Pradesh Gazette on 9-7-2014. The affiliation fees was charged as per chart (Annexure-P/3) with the approval of the Vice Chancellor of respondent No. 2-University under section 15(4) of Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (hereinafter referred to “Act of 1973”) and the same was also approved by Executive Council on 5-7-2016. 4. We have heard learned counsel for the parties and perused the record. 5. On examination of the provisions of the Act of 1973, it is seen that before coming into force of the Act of 1973, there were eight Universities established in the State of Madhya Pradesh under different laws enacted by the State Legislature. Since the provisions of those enactments were different from one another, there was a disparity in the working of those Universities which led the State Legislature to enact the Act of 1973, so as to bring all the Universities under one common umbrella. The present writ petition concerns with District Tikamgarh, which was falling in the territorial jurisdiction of the University of Saugar under the provisions of the University of Saugar Act, 1946. However, when the Act of 1973 was passed by the State Legislature which came into force on 5th May, 1973, the enactment known as the University of Saugar Act of 1946 was repealed by virtue of section 2 of the Act of 1973. However, when the Act of 1973 was passed by the State Legislature which came into force on 5th May, 1973, the enactment known as the University of Saugar Act of 1946 was repealed by virtue of section 2 of the Act of 1973. The Act of 1973 provided that the Universities established under the repealed enactments shall be deemed to be Universities established under the Act of 1973 and shall be known by the names of respective Universities with headquarters at places and territorial jurisdiction over the areas as specified in the Part-I of the Second Schedule of the Act of 1973. It is seen that the District Tikamgarh was falling within the territorial jurisdiction of Dr. Hari Singh Gaur Vishwavidhyalaya, headquarter of which was at Sagar. 6. Dr. Hari Singh Gaur Vishwavidhyalaya, Sagar continued to be the University under the Act of 1973 till the provisions of the Central Universities Act, 2009 (hereinafter referred to as “the Act of 2009”) came into force. Section 3 of the Act of 2009 provided for establishment of Central Universities in different States by the names as mentioned in the said section. As per section 3, Dr. Hari Singh Gaur Vishwavidhyalaya in the State of Madhya Pradesh which was established under the Act of 1973 was sought to be established under the Act of 2009 by the same name as it was prior to enactment of the Act of 2009. Under sub-section (3) of section 3 of the Act of 2009, the jurisdiction of Dr. Hari Singh Gaur Vishwavidhyalaya was extended to Districts Sagar, Tikamgarh, Chhatarpur, Panna, Chhindwara and Damoh of the State of Madhya Pradesh. It is thus seen that w.e.f. 15th January, 2009, District Tikamgarh was falling within the jurisdiction of Dr. Hari Singh Gaur Vishwavidhyalaya, Sagar under the Act of 2009 and for all purposes, it was governed by the Act of 2009 and not by the Act of 1973. 7. It is further seen that the Sansodhan Adhiniyam 2011, had received the assent of the President on 29th July, 2014, which was first published in Madhya Pradesh Gazette Notification (extraordinary) 9th July, 2014. Under the provisions of Sansodhan Adhiniyam 2011, the territorial jurisdiction of the Universities under the Act of 1973 was modified as per Part-II of the Second Schedule of the Act of 1973. Under the provisions of Sansodhan Adhiniyam 2011, the territorial jurisdiction of the Universities under the Act of 1973 was modified as per Part-II of the Second Schedule of the Act of 1973. The new University has been established and territorial jurisdiction of the new University was comprising of District Chhatarpur, Sagar, Tikamgarh and Damoh. It is, therefore, seen that the most of the aforesaid districts which before coming into force of the Sansodhan Adhiniyam 2011 were falling within Central Universities Act, 2009 have reverted back to the Act of 1973. It is thus seen that w.e.f. 9th July, 2014 for all practical purposes, the aforesaid districts are within the jurisdiction of the University which is established under the Act of 1973. 8. In the instant case, the issue pertains to the academic year 2017-2018 where according to the petitioner the said University has charged the affiliation fees which was not prescribed under Statue No. 27 approved under the provisions of the Act of 1973. The stand of the University is that since the University has been set up recently and in absence of any authority, the Vice Chancellor was empowered under the provisions of 15 of the Act of 1973, to determine the affiliation fees. The Vice Chancellor had constituted the Committee and on the basis of the recommendation of the Committee, the fees for affiliation as per Annexure-P-3 was charged. 9. Section 34 of the Act of 1973 provides that there shall be a Coordination Committee. It is seen that the Coordination Committee is headed by the Kuladhipati and there are various members including the Kulpaties of all the Universities specified in the Second Schedule, apart from the various Government Officers. Section 35 of the Act of 1973 provides that the Statute may provide all or any of the matters mentioned in section 35 which includes the conditions under which college, and other institutions may be admitted to the privileges of the Universities and the withdrawal of such privileges. 10. In the instant case, we are concerned with the conditions under which the privileges of the University is conferred. Section 35 of the Act of 1973, provides as to how the First Statute of the University shall be prepared. 10. In the instant case, we are concerned with the conditions under which the privileges of the University is conferred. Section 35 of the Act of 1973, provides as to how the First Statute of the University shall be prepared. It is the Coordination Committee which is empowered to prepare the First Statute and it is also seen that if any amendment is to be made in the existing Statute, the approval of the Coordination Committee is necessary. Statute No. 27 of the University approved by the Coordination Committee prescribes for the fees to be charged from the institution for grant of privileges that is called as affiliation. Since in the year 2017-2018, the respondent/University was governed by the provisions of the Act of 1973, therefore, Statute approved by the Coordination Committee under section 36 is very much applicable to the said University. The University is not legally empowered to prescribe any other fees for affiliation which is not approved under the Statute. It is seen that the Coordination Committee is not the authority of the University. The composition of the Coordination Committee shows that the same is one common Committee at a Higher Level which prescribes the common criteria for all the Universities unless some specific exceptions are made for any specific University as per the requirement of that particular University. It is true that the respondent/University has been set up only on 9th July, 2014 and the various authorities under the Universities were not functioning. However, the same cannot be the reason for the University to decide the terms and conditions for grant of privileges, which are not approved by the Coordination Committee as even though various authorities may not have been functioning but the Coordination Committee was very much in existence and functioning. 11. The full bench of this Court in the matter Om Shanti Shiksha Samiti, Bagli vs. State of Madhya Pradesh and others, 2019(1) M.P.L.J. (F.B.) 378 has considered the provisions of Statute No. 27 in the context of the Act of 1973. It has been held that Statute No. 27 lays down the process by which an educational institution/college could be admitted to the privileges of the University. It also prescribes for the affiliation fees, subject to which the affiliation could be granted. It has been held that Statute No. 27 lays down the process by which an educational institution/college could be admitted to the privileges of the University. It also prescribes for the affiliation fees, subject to which the affiliation could be granted. While considering the provisions of section 36 of the Act of 1973, it has been held that no amendment in the Statute is permissible until and unless the proposed amendment is forwarded by the Executive Council of the University of the Co-ordination Committee for its approval. According to the full Bench of this Court, the power under section 36 sub-section (2) of the Act, 1973 is vested with the Co-ordination Committee, which may from time to time make, amend or repeal any statute and it is only the Coordination Committee which can amend the statute to enhance the affiliation fees. 12. The University has justified its action on the basis of the powers vested with the Vice Chancellor under section 15(4) of the Act of 1973. The aforesaid position is clear from the pleadings made in the return of the respondent No. 2. The relevant extract of para 2 of the return filed by the respondent No. 2 is reproduced as under : – “That, the university is in nascent stage and the affiliation fees which was charged as per chart (annexure-P/3) was approved by the respondent No. 2 under section 15(4) of The Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 which was also forwarded to the Executive Council which was duly approved by executive council on 5-7-2016. A copy of document dated 5-7-2016 is marked and filed herewith as Annexure-R/1.” 13. The Hon’ble Supreme Court had an occasion to consider the power of Vice Chancellor in the context of Varanasya Sanskrit Vishwavidyalaya Adhiniyam, 1956 in the case of Varanasya Sanskrit Vishwavidyalaya and another vs. Dr. Rajkishore Tripathi and another, (1977) 1 SCC 279 where, under section 13 of that Act the Vice Chancellor was conferred with the emergency powers. The Hon’ble Supreme Court has held that such an emergency power was intended for certain emergent situations necessitating, “immediate action”. Before they can be exercised it must appear that there is, in fact, such a situation as to warrant the exercise of extraordinary powers conferred under such provisions. This Court is of the view that the prescription of affiliation fee does not necessitate immediate action in exercise of emergency power. 14. Before they can be exercised it must appear that there is, in fact, such a situation as to warrant the exercise of extraordinary powers conferred under such provisions. This Court is of the view that the prescription of affiliation fee does not necessitate immediate action in exercise of emergency power. 14. In view of the aforesaid, the plea taken by the university that the enhancement fees is supported under section 15(4) of the Act, 1973 is not accepted. 15. Taking into consideration overall the facts and circumstances of the case, we are of the view that the present writ petition deserves to be allowed and the same is, therefore, allowed with the following directions : – (i) That the respondent/University is not entitled to charge the affiliation fees beyond the affiliation fees approved by the Coordination Committee in Statute No. 27 for the academic year 2017-2018. (ii) The fees excess than the fees prescribed under the Statute No. 27 for the academic year 2017-2018, is directed to be refunded within a period of two months from the date of the receipt of the certified copy of this order.