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2006 Supreme(All) 1438
[2006(5) ADJ 368]
ALLAHABAD HIGH COURT
BEFORE : RAKESH TIWARI, J.
COMMITTEE OF MANAGEMENT, Smt. HER PYAREE
DEVI DEGREE COLLEGE, RUHAI, HATHRAS ....Petitioner
Versus
STATE OF U.P. AND OTHERS ...Respondents
(Civil Misc. Writ Petition Nos. 10809, 10805 of 2006 and 15001 of 2005, decided on 10th May, 2006)
Counsel :
S.N. Tiwari, S.K. Tiwari and Yogesh Agarwal for the Petitioner; Anil Tiwari and S.C. for the Respondents.
Headnote:(A) Education—Examination—Held by University—Students admitted by unrecognised College, were not entitled to appear in that examination—They were not bona fide students of University—Hence, University cannot be directed to either take their examination as its students, nor can be directed to award Degrees to them—Such students must take admission in Private College after making thorough inquiry—A relief, which was not permissible in law would not be granted and worked out by application of legally recognised principles—Decision must have legitimacy of legal reasoning and would not incur criticism of lacking objectivity of purpose and rational and legal justification—However, students, who have suffered, because of taking admission in College, if desire, may move appropriate Court, for compensation for loss of academic session by College.
[Paras 50 and 51]
(B) Admission—Unrecognised institutions admitting students, without requisite affiliation and recognition by University, and students joining institution, with their eyes-open as to lack of legitimacy in admission, it would be preposterous to direct university to hold examination, for benefit of such students—Such an order was totally unjustified. [U.P. State Universities Act, 1973—Sections 37(2), Second Proviso and 37(10)]. [Para 50]
Hon’ble Rakesh Tiwari, J.—Heard Counsel for the parties and perused the record.
2. Writ Petition No. 15001 of 2005, Committee of Management, Smt. Her Pyaree Devi Degree College, Ruhai, District Mahamaya Nagar/Hathras through its Secretary Pradeep Kumar v. State of U.P. and others, has been filed for a direction in the nature of mandamus directing respondent Nos. 2 to 6 to permit the students of B.A. Part I of the said college to appear in the examination, 2005 and also for a direction to respondent Nos. 2 and 3 to consider the renewal of the petitioner’s college on the basis of submission of the report by the Inspection Division of Dr. Bhim Rao Ambedkar University.
3. Writ Petition No. 10805 of 2006, Committee of Management, Smt. Her Pyaree Devi Degree College, Ruhai, District Mahamaya Nagar/Hathras through its Secretary Pradeep Kumar v. State of U.P. and others, has been filed for issuance of a writ, order or direction in the nature of mandamus directing respondent Nos. 2 to 5 to permit the students of B.A. Part I of the said Degree College to appear in the examination of March, 2006 respectively and for renewal of affiliation of the petitioners’ college on the basis of submission of the Inspection report.
4. The petitioner is a degree college. It was affiliated to Dr. Bhim Rao Ambedkar University, Agra in 1998 temporarily for a period of three years w.e.f. 1.7.1998 to 1.7.2001. The temporary affiliation was extended for a period of three years up to 30.6.2004.
5. Before the expiry of the period of aforesaid temporary affiliation a panel was constituted by the Vice-Chancellor vide order-dated 3.3.2004 for inspection of the college facilities for grant of further/permanent affiliation to the college. The affiliation came to an end on 30.6.2004. The University vide order dated 20th July, 2004 directed the college not to take any admission without getting affiliation and a reminder was also sent to the college on 18lh September, 2004 in this regard.
6. In the meantime, the college took admission of B.A. Ist year students -who were admitted in session 2004-05, for B.A. Ilnd year students who were admitted in B.A. Part I in session 2004-05 and for B.A. Ist year session 2005-06.
7. Writ Petition No. 15001 of 2005 was filed by 134 students of B.A. Ist year for permitting them to appear in the University examination scheduled to be held from 15.3.2005 in which the following order was passed on 9.3.2005.
“The contention of Shri Rudheshwari Prasad Counsel for the petitioner is that the college was granted temporary affiliation up to 2004 with Dr. Bhim Rao Ambedkar University, Agra and the application for permanent affiliation is pending with the University but no orders have been passed thereon and that on account of inaction on the part of the University causing delay, the students of the college are suffering as their examination are to commence from 15.3.2005 and they will not be allowed for no fault of the students.
Shri Pankaj Mittal Counsel for the University prays for and is granted three weeks time to file counter affidavit. Petitioner will have three weeks time thereafter to file rejoinder affidavit.
In the circumstances, the candidates of the petitioner’s college are permitted to appear in the B.A. Part-I examination of the University Board examination provisionally which it is stated are to commence from 15.3.2005. However, the result of these students will not be declared.
Let a certified copy of this order be supplied to the learned Counsel for the petitioner on payment of usual charges today.
Hon. J. Sahai, J.
9.3.2005.”
8. It is also submitted that the Court by order dated 30.3.2006 in writ petition No. 10805 of 2006 has permitted the aforesaid students who were admitted in B.A. Ist year to appear in B.A. Ilnd year examination.
9. A supplementary affidavit has been filed by the petitioner on 27th March, 2006 in the Registry that it is reliably learnt that the result of B.A. Ist year 2004-05 has been pre
