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2012 Supreme(SC) 2630

A.K.PATNAIK, H.L.GOKHALE
Mahatma Gandhi University – Appellant
Versus
St. Alberts College – Respondent


Advocates Appeared:
For the Appellant :- P.V. Dinesh and T.P. Sindhu, Advocates.
For the Respondents:- Mathai M. Paikeday (Sr. Advocate) & Jogy Scaria, Advocate.

ORDER :

Heard learned counsel for the parties.

1. Learned single Judge of the High Court has, by order dated 24th August, 2007 in W.P.(C) No.19512 of 2007, directed the petitioner University to grant permanent affiliation to the first respondent college for MBA course for which the All India Council for Technical Education ("AICTE" for short) has granted approval. Against the order of the learned single Judge, the petitioner University filed Writ Appeal Nos. 2289 and 2290 of 2007. But, by the impugned judgment, the Division Bench of the High Court has dismissed the Writ Appeals. Aggrieved, the petitioner has filed these Special Leave Petitions.

2. Learned counsel for the petitioner vehemently argued before us that in the All India Council for Technical Education Act, 1987 (for short "the Act"), there is no provision regarding affiliation for MBA course. On the other hand, the Mahatma Gandhi University Act, 1985 and the Mahatma Gandhi University Statutes, 1997 provide for affiliation, not only to institution, but also to a course, to be granted by the University. Learned counsel referred to the Rules of affiliation prescribed by the Mahatma Gandhi University Statutes, 1997 to show that

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