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IN THE HIGH COURT OF ALLAHABAD
MANISH MATHUR
Jai Maa Barahi Mahavidyalaya, Gonda Thru. Manager Manju Shukla – Appellant
Versus
Ram Manohar Lohia Avadh University, Ayodhya Thru. Vice Chancellor – Respondent
JUDGMENT :
Manish Mathur, J.
1. Heard learned counsel for petitioner and Mr. Akhilesh Kumar Srivastava, learned counsel for opposite party.
2. Petition has been filed seeking the following relief:-
"(i) Issue a writ, order or direction in the nature of mandamus directing the opposite party/University to allow the Students of the petitioner's Institution provisionally to appear in the upcoming semester examination of Post Graduate Courses starting from 09.01.2025 subject to the conditions imposed by this Hon'ble Court as well as University, in the interest of justice. .............."
3. Learned counsel for petitioner has submitted that in terms of the temporary affiliation order, the requisite formalities pertaining to appointment of teacher and forwarding their credential to the University was completed within a period of one month as prescribed but despite the college adhering to the same, no approval was forthcoming from the University concerned. It is further submitted that upon repeated representations having been made, the petitioner's Institution was required to submit an affidavit before the University for provisional conduct of classes subject to final approval of teaching staff
Educational institutions must comply with affiliation conditions; conducting classes without necessary approvals constitutes misrepresentation and fraud.
Interim relief provided leads to closure of petitions when conditions are met.
Point of Law - As per Section 35 of the Hemchandracharya North Gujarat University Act, Rules and Statute, the power to deny the affiliation is not with the University and the Executive Committee coul....
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