IMPORTANT POINT
The Court cannot direct the concerned authorities to grant affiliation to a college as that would amount to trespassing on the jurisdiction of the University.

Headnote:Uttar Pradesh State University Act — Section 37(2) — Grant of affiliation to Ayurvedic College — Himalaya Ayurvedic Mahavidyalaya was established in 1993 when it applied for affiliation to the respondent University — College admitted only three students during the academic year 1992-93, 15 students for academic year 1993-94 and 23 students were admitted for the academic year 1994-1995 without having obtained affiliation with that University — Team members of the Central Council of Indian Members inspected the institution in 1995 — Grant of temporary affiliation to the college for one year w.e.f. 1-7-1996 — College reiterated its prayer for grant of permanent affiliation — Permission was granted to the college for conducting the BAMS course for academic year 1997-1998, subject to prior permission of the State Government and affiliation to the University — Writ petitions filed by students for grant of permission to appear in the examination — By interim orders, students were permitted to appear for the examinations — Another inspection team recommended that college be granted permanent affiliation — Results of students have not been declared till date — Third inspection team constituted by the Vice Chancellor of the University submitted its report on 8-8-1999 recommending grant of permanent affiliation to the college — Whether the Court can direct the authorities to grant affiliation — (No) — University was directed to declare results of the said 23 students who completed the course.
       Held : It is evident that from 1995 onwards during all the three inspections conducted by the different authorities the college was found suitable for grant of permanent affiliation to the university and, in fact, affiliation was granted to the college from 1st July, 1996 till 30th June, 1998. Students who had been admitted in the college during this period were allowed by the university to appear for the final examination through other institutions since the temporary affiliation granted to the college had not been extended after 30th June, 1998. As the facts disclosed indicate, there was always an expectation in the mind of the college authorities that permanent affiliation would be granted to the college, which also encouraged students to take admission in the hope of being allowed to sit for the final examination of the university once such permanent affiliation was granted to the college. The High Court also appears to have been convinced to some extent in this regard on account of the interim orders passed from time to time allowing the students to appear for the 1st, 2nd and 3rd professional sessions of the BAMS examination, subject of course to the condition that the results in respect thereof would be subject to the decision in the writ petition.(Para 14 & 15)
       This Court has no doubt indicated on various occasions that mushrooming educational institutions, without having the requisite infrastructure for grant of recognition, are harmful to the interest of the students and that the practice of allowing students of such institutions to appear at the university examinations is to be deprecated. However, the facts of this case, as we have pointed out earlier, are different from those set of cases persuading us to take a different view. Three inspections conducted by three different bodies, including the team constituted by the Vice-Chancellor, came to the common conclusion that the college merited grant of permanent affiliation. It is quite likely that such a state of affairs prompted the High Court to pass the different interim orders by which the students in question were allowed to complete the BAMS course and to also appear in the final examination.(Para 18)
       The university is directed to declare the results of the said 23 candidates who completed the course and appeared for the final professional BAMS examinations. As far as the appeals preferred by the college against the common judgment and the order passed on the review application are concerned, we agree with the view expressed by the High Court that it is not for the Court to direct the concerned authorities to grant affiliation as that would amount to trespassing on the jurisdiction of the university. We can only request the university to consider the grant of such affiliation in view of the several inspection reports and the recommendations made by the inspection teams for grant of such recognition.(Paras 19 & 20)

JUDGMENT

Altamas Kabir, J. — The appellants in Civil Appeal Nos. 5147-5148/2005 were admitted as students by the Himalaya Ayurvedic Mahavidyalaya between 1992 to 1995 in its Medical College being the appellant in Civil Appeal Nos. 5149-5150/2005. Inasmuch as, the aforesaid college had not obtained affiliation from any recognized university the appellants in the first set of appeals were not allowed to appear for examinations conducted by the university.

2. It may be indicated that soon after the aforesaid college was established in 1993, the college applied for affiliation under Section 37(2) of the Uttar Pradesh State University Act for the course of Ayurveda Acharya, Bachelor of Ayurvedic Medicine/Surgery,( hereinafter referred to as the BAMS) to the Vice-Chancellor of Shri Sahu Ji Maharaj University, Kanpur, now known as Chhatrapati Sahu Ji Maharaj University According to the college, it admitted three students during the academic year 1992-1993, 15 students for the academic year 1993-1994. Lastly, the college admitted 23 students for the academic year 1994-1995 without having obtained affiliation with the aforesaid university.

3. It is only after such admissions had been completed that the State Government and the Secretary, Medical Education, constituted a team to inspect the aforesaid college to submit a report for the purpose of grant of affiliation to the college. The said team members of the Central Council of Indian Medicine inspected the institution on 12th August, 1995 and from the inspection report which has been made part of the records, it appears that it was the opinion of the Committee that the college had the necessary infrastructure for being granted affiliation to the university. On the basis of the report of the expert panel, the Vice Chancellor of the university by his order dated 20th January, 1997, granted temporary affiliation to the college for one year with effect from 1st July, 1996. Since the rules do not provide for grant of temporary affiliation, the college reiterated its prayer for grant of permanent affiliation and in connection therewith, the State Government wrote a letter to the Central Council of Indian Medicine on 8th January, 1998 stating that if the Council gave its consent then the Government would have no objection in recommending the case of the Himalaya Ayurvedic Mahavidyalaya for grant of permanent affiliation. The Central Council of Indian Medicine after conducting a further inspection of the medical college granted permission to the college for conducting the BAMS course for the academic year 1997-1998, subject to prior permission of the State Government and affiliation to the university.

4. However, as the appellants in the first set of appeals were not allowed to appear for the first professional examination by the university, they filed two writ petitions, being nos. 29413/1998 and 30840/1998, before the Allahabad High Court for being granted permission to appear in the examination. By its interim order dated 11th September, 1998, the Allahabad High Court allowed the said appellants to appear in the first professional BAMS examination subject to the condition that their results would be subject to the decision in the writ petition. Similarly, by its interim order dated 22nd September, 1998 in Writ Petition 30840/1998, another set of appellants was permitted to appear in the first professional session of the BAMS examination on the same conditions. When a similar situation occurred in 1999, another writ petition was filed being numbered as 11502/1999 in which similar orders were passed.

5. On 8th August, 1999, an inspection team constituted by the Vice- Chancellor submitted its report reiterating that the college fulfilled all the requisite norms for grant of permanent affiliation. Accordingly, the said inspection team recommended that the college be granted permanent affiliation in accordance with the provisions of Section 37(2) of the University Act.

6. While the af

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2006 Supreme(SC) 553

IMPORTANT POINTThe Court cannot direct the concerned authorities to grant affiliation to a college as that would amount to trespassing on the jurisdiction of the University.

IMPORTANT POINT
The Court cannot direct the concerned authorities to grant affiliation to a college as that would amount to trespassing on the jurisdiction of the University.