JUDGMENT : Manish Mathur, J. 1. Heard learned counsel for petitioner and Mr. Akhilesh Kumar Srivastava, learned counsel for opposite party. 2. Petition has been filed seeking the following relief:- "(i) Issue a writ, order or direction in the nature of mandamus directing the opposite party/University to allow the Students of the petitioner's Institution provisionally to appear in the upcoming semester examination of Post Graduate Courses starting from 09.01.2025 subject to the conditions imposed by this Hon'ble Court as well as University, in the interest of justice. .............." 3. Learned counsel for petitioner has submitted that in terms of the temporary affiliation order, the requisite formalities pertaining to appointment of teacher and forwarding their credential to the University was completed within a period of one month as prescribed but despite the college adhering to the same, no approval was forthcoming from the University concerned. It is further submitted that upon repeated representations having been made, the petitioner's Institution was required to submit an affidavit before the University for provisional conduct of classes subject to final approval of teaching staff. It is submitted that such an affidavit was submitted by the Institution whereafter students were admitted and classes were conducted. 4. It is submitted that the Institution is not at fault for delay on the part of University in granting approval to the teachers appointed and it is in such extenuating circumstances that classes were conducted and in case relief is not granted, it would affect the career of 45 students enrolled with the college. 5. Upon consideration of submissions advanced and perusal of material on record, it appears that in terms of Section 37(2) of the U.P. State Universities Act, 1973, any college may be admitted to privileges of affiliation in case such a college fulfills such conditions of affiliation as are prescribed. It is in terms of the aforesaid statutory provision that the temporary affiliation order has been issued for petitioner's Institution with specific bar pertaining to conduct of classes until and unless the teaching staff is granted approval by the University. 6. Once the Institution is seeking benefit of the affiliation order, it would be bound by the principles of approbate and reprobate and cannot resile from the specific bar indicated in the affiliation order pertaining to conduct of classes only after approval of the teaching staff. 7. 6. Once the Institution is seeking benefit of the affiliation order, it would be bound by the principles of approbate and reprobate and cannot resile from the specific bar indicated in the affiliation order pertaining to conduct of classes only after approval of the teaching staff. 7. Even as per admission of the petitioner itself, such an approval has not been granted by the University till date and therefore the conduct of classes without fulfilling such mandatory condition is clearly against the norms prescribed in the affiliation order itself. 8. Learned counsel for petitioner has not been able to indicate any provision of law or order whereby it was authorized to admit students and conduct classes for which generation of UIN code is being sought. 9. In such circumstances, where the college itself does not fulfill the essential condition required for affiliation or even for enlargement of affiliation, there does not appear to be any occasion to grant any such relief as has been sought in the petition. 10. So far as the orders relied upon by learned counsel for petitioner seeking parity are concerned, the same clearly indicate the fact that the benefit was provided as a one time measure with a direction being given to the University to open the portal on 06.12.2024 for purposes of generation of UIN code. The said date has already expired. 11. Learned counsel for petitioner however disputes the fact that the portal was open by University on 06.12.2024. The said aspect is completely irrelevant in view of discussion made hereinabove. 12. It is also evident that despite having knowledge of such a specific condition in the affiliation order, the Institution has admitted students and conducted classes. The record does not make it evident that any information was provided to such students prior to their admission with regard to such formalities having been completed. 13. In the considered opinion of this Court, the college has clearly duped the students and has not only misrepresented but committed fraud upon them. 14. In such circumstances, the college concerned is directed to refund the fee of students for the post-graduate course for the academic session 2024-2025. In addition to refund of fees, the student shall also been entitled to interest at the rate of 6 % per annum from the date of deposit of such fees with the institution till the date of refund. 15. In addition to refund of fees, the student shall also been entitled to interest at the rate of 6 % per annum from the date of deposit of such fees with the institution till the date of refund. 15. The students shall also be entitled to damages at the rate of Rs.50,000/-each. The aforesaid refund of fees with interest and damages, the payment of such shall be ensured by the college concerned within a period of six months from today, failing which, students shall be at liberty to approach this Court to enforce this order. 16. The petition is dismissed subject to cost indicated hereinabove.