IMPORTANT POINT
Institutions have to adhere to the schedule of admission.

JUDGMENT :

Dipak Misra, J.

The first respondents vide its letter no. Aff.333/Seventy-6-2012-2 (356)/2012 dated 12.09.2012, granted prior permission for provisional affiliation to the appellant for a period of 3 years w.e.f. 01.07.2012 i.e. for the period 01.07.2012 to 30.06.2015 for imparting Education in the Arts Faculty for the subjects Hindi, Political Science, Sociology, Medieval History, Education Sanskrit and Home Science. In pursuance of the aforesaid Government order No. 333 dated 12.09.2012, the Deen Dayal Upadhyay Gorakhpur University, Gorakhpur vide its letter no. 7539/ Affi.2012 dated 27.11.2012 permitted the appellant to admit the students in the various subjects of the Arts Faculty.

2. The appellant applied on 10.03.2015, to the University for constituting an Inspection Panel for granting permanent affiliation to the University. Upon perusal of the application dated 10.03.2015 submitted by the aforesaid appellants, the University vide its letter No. DDUGU/Aff.2015/5096 dated 20.03.2015 constituted an Inspection Panel to submit status report of the appellant as far as the Infrastructural Facilities existing in the appellant’s college were concerned. The Regional Higher Education Officer Gorakhpur submitted its inspection report on 06.11.2015 to the University.

3. As per Time Schedule prescribed by the State Government, the Inspection Report was not received within the prescribed date. In the absence of the required Inspection Report, the University did not grant permanent affiliation to the appellant for the Academic Session 2015-16. No appeal was preferred before the State Government.

4. As the permanent affiliation was not granted the appellant college preferred a writ petition-C No. 42336 of 2015 and the learned Single Judge of the High Court taking note of the fact that writ petitions seeking similar reliefs had been dismissed, vide its order dated 20.08.2015 declined to interfere. However, it observed that “the petitioner would be entitled for consideration of his claim for the next session”. Being dissatisfied with the order passed by the learned Single Judge, the appellant preferred Special Appeal No. 610 of 2015 before the Division Bench.

5. The Division Bench, as the factual scenario would unveil, took note of the prayer of the college that it was in effect seeking issuance of writ of mandamus requiring the University to extend temporary affiliation for the courses of Hindi, Political Science, Sociology, Medieval History, Education, Sanskrit and Human Science at the graduate level for the academic session 2015-2016 and accordingly adverted to the reasonings of the learned Single Judge and concurred with him.

6. It was urged before the Division Bench that application for grant of permanent affiliation in respect of subjects was made well within time, that is,12.12.2014; that the three-member committee that was constituted by the University on 20.3.2015 had visited the institution on 14.4.2015 and submitted the report; and that the inspection team had recommended extension of temporary affiliation in respect of subjects in question for the academic session 2015-2016 but there had been failure on the part of the University which had caused grave prejudice to the college. The Division Bench noted the stand of the University, referred to the authority in Maa Vaishno Devi Mahila Mahavidyalaya v. State of U.P. and others, (2013) 2 SCC 617 reproduced the time schedule fixed in the said judgment and observed that pursuant to the directions so issued the State Government formulated a time-frame for consideration of applications for affiliation the particulars of which stood embodied in the Government Order dated 14 November, 2014 and in terms of the government order the last date for the grant of affiliation by a University is fixed as 30 May and a person aggrieved by the decision taken by the University was entitled