D.N. PATEL, J.

1. These Letters Patent Appeals have been preferred by the original petitioners whose W.P.(C) No. 566 of 2016 and W.P.(C) No. 5304 of 2015 were dismissed by the learned Single Judge vide judgment and order dated 3rd May, 2016.

2. These appellants having imparted education Bachelor of Education (B.Ed) for the academic year 2014-15 without any affiliation of the respondent-University and the difficulty has been started which has resulted into the birth of the aforesaid two writ petitions and these two Letters Patent Appeals mainly for the reason that these appellants are not only imparting education for B.Ed degree, but, they are in “Business of Education”. Too much commercialisation of the education, by such educational institutions, has resulted into the present situation of running the courses, for the whole academic year without any affiliation and thereafter, examination is conducted, the result is published, but, the students cannot get any job especially in the government institutions. These appellants have assured Government by stating on affidavit that they shall not admit any student without any affiliation. In breach of this affidavit and in breach of the law viz. National Council for Teachers Education (Recognition, Norms & Procedure) Regulations, 2009 enacted under Section 32(2) of the Act, 1993 and it is also in violation of the condition of recognition given to these two appellants they admitted students in their courses. After the academic year is over the students are losing their year because there was no affiliation by the respondent-University for the academic year 2014-15.

3. These appellants have started their education activities for the B.Ed course from the year 2012-13. At that time B.Ed course was for one year. Thereafter for the year 2013-14 there was recognition by NCTE under Section 14(6) of the Act, 1993 and there was affiliation of respondent-University also.

4. It appears that as per the decision rendered by the Hon’ble Supreme Court in the case of Maa Vaishno Devi Mahila Mahavidyalaya Vs State of Uttar Pradesh & others reported in (2013) 2 SCC 617 an application for affiliation ought to have been preferred on or before 10th March, 2014 for getting affiliation for the academic year 2014-15 which has not done in this case. In both these Letters Patent Appeals this is the fact. Precisely in L.P.A. No. 241 of 2016 application was preferred on 06.02.2015 which is just at the fag end of the academic year 2014-15 which is not permissible in the eye of law especially as per the decision rendered by Hon’ble Supreme court in para no. 87.1 of the decision reported in (2013) 2 SCC 617.

5. So far as L.P.A. No. 242 of 2016 is concerned, as per appellant the application was preferred on 17th March, 2014 for affiliation with the respondent-University whereas, an affidavit has been filed by the respondent-University in W.P.(C) No. 5304 of 2015 that no such application was ever received by the respondent-University for the affiliation.

6. Thus, the affiliation was not obtained by these appellants for the academic year 2014-15 for imparting B.Ed education and hence, two writ petitions were preferred by these two appellants one being W.P.(C) No. 5304 of 2015 and another is W.P.(C) No.566 of 2016 which were dismissed by the learned Single Judge vide judgment and order dated 3rd May, 2016 and hence, these Letters Patent Appeals have been preferred by these two appellants.

7. Counsel appearing for the appellants has placed reliance upon a judgment rendered by Hon’ble Supreme Court in Civil Appeal Nos. 5857 of 2015 dated July 27, 2015 and also has contended that once the recognition is given by the NCTE under Section 14(6) of the Act, 1993, there is no need of affiliation of the University. It is also contended by the counsel for the appellants in both the Letters Patent Appeals that the respondent-Un