JUDGMENT

Raghvendra Singh Chauhan, CJ. - Since two Public Interest Litigations, namely Writ Petition (PIL) No.155 of 2020, and Writ Petition (PIL) No.36 of 2019, and the other writ petitions connected therewith, raise the same legal issues based on the same facts, they are being decided by this common judgment.

2. The petitioners in these writ petitions are aggrieved by the letter dated 05.06.2020, sent by the Joint Secretary, University of Human Resources and Development, New Delhi to the Principal Secretary (Higher Education), Government of Uttarakhand, whereby he has directed the Principal Secretary, Higher Education, to ensure that "de-affiliation of the remaining colleges/institutions is achieved following due procedure in an early time-frame". The petitioners have also challenged the legality of the letter dated 24.07.2020, written by the Registrar, Hemwati Nandan Bahuguna Garhwal University (for short "the University"), to the Principal/Secretary/Director, D.A.V. (P.G.) College, Dehradun, directing him to ensure that necessary steps are taken for transfer of affiliation of the college from the University to the Sri Dev Suman University.

3. The facts of the case are being taken from Writ Petition (PIL) No.155 of 2020.

4. Briefly, the facts of the case are that the D.A.V (P.G.) College, Dehradun was established as far back as 1948. It is the oldest degree college imparting higher education to the students in the State. Like the D.A.V. (P.G.) College, there were other colleges which were initially affiliated with the University. While the said University was a State University, in 2009, the said University was upgraded and was declared as a Central University under the Central Universities Act, 2009 ("the Act" for short). Subsequent to the declaration of the University as a Central University, the D.A.V. (P.G.), and other colleges were affiliated with the University.

5. However, subsequently, by letter dated 05.06.2020, the Joint Secretary, Ministry of Human Resources and Development, New Delhi, has directed the Principal Secretary (Higher Education), to ensure that those colleges which were affiliated with the University, a Central University, are duly de-affiliated. Consequently, by letter dated 24.07.2020, even the Registrar of the University has directed the colleges to de-affiliate themselves from the Central University. Hence, the present set of writ petitions before this Court.

6. The three issues before this Court are:-

(i) Whether the Central Government has the power to direct de-affiliation of the college, or not?

(ii) Whether the Registrar of the University has the power to direct the colleges to de-affiliate themselves in consequence of the letter dated 05.06.2020, or not?

(iii) While the colleges are affiliated with the Central University, whether the State Government is still required to fund such colleges, or not?

7. Mr. M.C. Pant, the learned counsel for the petitioners in Writ Petition (PIL) Nos.155 of 2020, and 76 of 2019, has vehemently pleaded that the University Grants Commission (for short "the Commission") has issued Regulations, 2009, namely UGC (Affiliation of Colleges by Universities) Regulations, 2009 (for short "Regulations, 2009"). Regulation 2.1 defines the word "affiliation". The work "affiliation" means recognition of a college by, association of such college with, and admission of such college to the privileges of a university.

Secondly, Regulation 8 of the Regulations, 2009 prescribes four circumstances under which affiliation can be withdrawn. However, a bare perusal of the provision clearly reveals that the power to withdraw affiliation is bestowed, either upon the Commission, or upon the University. Even when such power is being exercised either by the Commission, or by the University, the procedure established under Regulation 8 of the Regulations, 2009 will necessarily have to be followed. However, Regulation 8 of the Regulations, 2009 does not bestow any power upon the Central Government to dir