The main legal point established in the judgment is that the affiliation granted under the U.P. State Universities Act of 1973 continued to be protected under the Central Universities Act, 2009, and the institution was entitled to have the result of the students for the academic sessions 2019-2020 and 2020-2021 declared based on the claimed affiliation.

ORDER

Sharad Kumar Sharma, J. - The institution of the petitioner imparts education in various disciplines of Paramedical Sciences and particularly they are engaged in imparting education to the students in the discipline of BPT i.e. Bachelor of Physiotherapy, B.Sc. MLT i.e. Bachelor of Science in Medical Laboratory Technology, B.Sc. MM i.e. Bachelor of Science in Medical Microbiology, MPT and M.Sc. MLT.

2. The contention of the learned counsel for the petitioner is that the institution of the petitioner was granted an affiliation to conduct the aforesaid courses in accordance with the provision contained under Section 37(2) of the U.P. State Universities Act of 1973. The affiliation herein in relation to the petitioner's institution would be read in consonance to the definition of affiliated colleges as it has been provided under Sub Section (2) of Section 2 of the U.P. State Universities Act of 1973, as it was then prevalent. The affiliation, thus granted to the petitioner's institution, which was under Sub Section (2) of Section 37 of the Act, continued to operate and under the strength of the affiliation granted, under the aforesaid provisions of Chapter 7 of the Act of 1973, the petitioner contends that he admitted the student, for the academic Sessions of 2019-2020 and 2020-2021 and accordingly they have pursued their studies. In support of his contention, the petitioner submits that the affiliation was granted to the petitioner's institution by the respondent-University by an Order No.6025/G.S.(62)/2003.

3. During the intervening period, while the life of subsistence of affiliation granted by an order of 01.12.2003 under U.P. State Universities Act 1973, to the petitioner, continued to operate, the University of respondent no.2; acquired the status of being a Central University, under the Act of 2009 called as Central Universities Act, 2009.

4. The contention of the petitioner is that if the provisions of Section 4(f) of the said Act of 2009 is taken into consideration and is read in correlation to the affiliation of the institutions contemplated therein under the Central Act, in fact, by the implications of Section 4(f) the affiliations, which were already granted under Section 37(2) of the U.P. State Universities Act of 1973, they continued to be protected under the Central Act of 2009, that means their status of being an affiliated institution continued to operate till they were legally de-affiliated in accordance with law. Section 4(f) of the Central Universities Act of 2009 is extracted hereunder:-

"(f) all colleges, Institutions, Schools or Faculties, and Departments affiliated to, or admitted to the privileges of, or maintained by, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University shall stand affiliated to, or admitted to the privileges of, or maintained by, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh 6 Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act."

5. The petitioner's contention is that at the time when they have granted admission to the students for the aforesaid academic years referred above, since the petitioner continued to enjoy the status of being an affiliated institution, under Section 37(2) of the U.P. State Universities Act of 1973, and that status of affiliation was continuing, to be enjoyed under the provision of Section 4(f) of the Central Act of 2009, and particularly when there was no specific order passed by the respondents subsequently, ever de-affiliating the petitioner's institution, while exercising the powers under Section 6 of the Central Act of 2009, to be read with under the relevant U.G.C. regulations, theywould continue to enjoy the status of being an affiliated institution and hence, the result of the students, who have taken their examination for the aforesaid discipline which stood affiliated for the academic year 2019-2020 and 2020-2021, ought not to have