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 complete