Alok Singh, J.

All these writ petitions are interconnected and involve identical question of facts and law, therefore, with the consent of learned counsel for the parties, all these writ petitions are heard together and are being disposed of by this common judgment.

Undisputedly, petitioners of Writ Petition (M/S) No. 2552 of 2014 are students of Dolphin (P.G) Institute of Biomedical and Natural Science, Manduwala, Dehradun studying B.Sc. Medical Microbiology and Bachelor of Physiotherapy respectively; Dolphin (P.G) Institute of Biomedical and Natural Science, Manduwala, Dehradun is the writ petitioner in WPMS No. 2583 of 2014 while petitioners of other connected writ petitions are also paramedical institutes. To understand the controversy, facts of Writ Petition (M/S) No. 2583 of 2014 are being narrated.

Petitioner is a paramedical institute; on 26.2.2004, to run different paramedical courses, affiliation was granted to the petitioner/institute by the HNB Garwhal University (State University) under Section 37 of the UP State Universities Act, 1973; affiliation was granted initially only for one year; vide order dated 29.4.2008, again affiliation was granted for one year to run paramedical courses; HNB Garhwal University (State University) was conferred status of Central University w.e.f. 15.1.2009 in view of Central Universities Act, 2009; thereafter, under the administrative orders of the State Government, HNB Garhwal University (Central University) conducted the examinations of paramedical courses and permitted the students of the petitioners institutes to appear in the examination and results thereof were declared by the Central University till 2012-2013; this year HNB Garhwal (Central University) refused to process the applications of the students pursuing paramedical courses in the institutes and to permit them to appear in the examination scheduled to be commenced from 5.12.2014, therefore, petitioners/ institutes as well as two students of Writ Petition (M/S) No. 2552 of 2014 have preferred present writ petitions.

Mr. Sharad Sharma, learned Senior Counsel assisted by Mr. Bhupesh Kandpal, learned counsel for the petitioners/ institutes, has vehemently argued that in view of Section 4 (f) of the Central Universities Act, affiliation and privileges granted by the State University under Section 37 of the State Universities Act shall stand affiliated to or admitted to the privileges with the Central University with effect from 15.1.2009, therefore, Central University is duty bound to process the applications of the students pursuing their studies in different paramedical courses being conducted by the petitioners/institutes and to hold their examinations. Further contends that although affiliation was initially granted for one year under Section 37 of the State Universities Act, however, fact remains that affiliation was never withdrawn or revoked, rather every year petitioners/institutes were permitted to admit the students in different courses and students were permitted to appear in the every year examinations conducted by State University, therefore, affiliation earlier granted shall stands affiliated with the Central University with effect from 15.1.2009.

On the other hand, Mr. Paresh Tripathi, learned counsel appearing for the Central University, has vehemently argued that as per Section 4 (f) of the Central Universities Act, only those affiliation shall stand transferred with effect from 15.1.2009 which were in existence on 14.1.2009. Further contends that in view of UGC Regulations dated 29.4.2010, paragraph no. 4.10 read with paragraph no. 5.2 of the Regulation, affiliation can be granted by the State University only for one year. In the present case too affiliation was granted only for one year and it was never got renewed, therefore, petitioners/ institutes were not affiliated with the State University on 14.1.2009, therefore, they did not stand affiliated with the Central University in view of Section