Court No. - 32 Case :- SPECIAL APPEAL No. - 1114 of 2010 Petitioner :- Chhatrapati Shahu Ji Mahraj Uni. Kanpur Thru' Registrar Respondent :- C/M, Swargiya Bhagwanti Devi Degre College & Others Petitioner Counsel :- Neeraj Tiwari,U.N. Sharma Respondent Counsel :- C.S.C.,Nisheeth Yadav Hon'ble R.K. Agrawal,J.
Hon’ble Abhinava Upadhya,J.
The present special appeal has been filed against the judgment and
order dated 16th June, 2010, passed by the learned Single Judge whereby
Civil Misc. Writ Petition No.6971 of 2009, filed by the respondent no.1 herein,
has been disposed of finally with certain directions. It appears that
respondent no.1 is running graduate classes. It is affiliated to Chhatrapati
Shahu Ji Maharaj University, Kanpur, hereinafter referred to as ‘the
University”. It had applied for grant of affiliation for running B.Com courses
and M.A. Courses in Sanskrit and Ancient History. Since for grant of affiliation
a “No Objection Certificate” was not being issued by the State Government for
quite sometime, the respondent no.1 herein had approached this Court by
means of filing Civil Misc. Writ Petition no.6971 of 2009 giving rise to the
present special appeal. In the said writ petition the matter relating to academic
session 2009-10 was raised. However, as the academic session 2010-11 was
to commence, respondent no.1 herein approached this Court by filing another
writ petition being Civil Misc. Writ Petition No.34914 of 2010. Both the writ
petitions were heard and decided vide separate judgments and orders dated
16th June, 2010. The learned Single Judge directed the respondent nos. 2 and
3 arrayed in the writ petition to permit the petitioner-degree college to accept
the admission forms and admit the students, who want to pursue Master of
Arts Degree in Sanskrit and Ancient History and B.Com courses in the current
academic session 2010-11. While doing so the learned Single Judge has
relied upon a judgment and order dated 8th September, 2009 passed by a
Division Bench of the Lucknow Bench of this Court, being Writ Petition
No.8029 (M/B) of 2009, Swami Swaroopanand Institute of Management &
Technology, Garhi Pukhta, district Muzaffarnagar vs. State of U.P. and
another, wherein this Court has held that the Government Order dated 29th
June, 2009 constituting a committee for granting approval for affiliation is not
2
applicable in the matter of grant of approval for affiliation by the State
Government.
We have heard Sri U.N. Sharma, learned Senior Counsel, assisted by
Sri Neeraj Tiwari on behalf of the appellant and Sri C.B. Yadav, learned
Senior Counsel assisted by Sri Nisheeth Yadav on behalf of respondent nos.1
and 2 and the learned Standing Counsel, who represents respondent nos. 3
and 4 and have perused the judgment and order dated 16th June, 2010
passed by the learned Single Judge giving rise to the present special appeal,
grounds taken in the memo of appeal and other documents filed along with it.
Sri U.N. Sharma, learned Senior Counsel, has submitted that even if the
Government Order dated 29th June, 2009 is ignored yet in the absence of ‘No
objection Certificate’ having been issued by the State Government the matter
relating to grant of affiliation cannot be considered by the University and in the
absence of an order of affiliation the respondent no.1 herein cannot conduct
classes of Master of Arts in Sanskrit and Ancient History and B.Com courses
and the learned Single Judge was not justified in law in straight way
permitting the college to admit the students and also issuing a direction to the
University to accept the admission forms etc. He further submitted that at the
most the Court could have given direction to the State Government to
consider the matter relating to grant of ‘No Objection Certificate’ within a time
bound period and this Court should not have taken upon itself the duty to
issue such a certificate.
Sri C.B. Yadav, learned Senior Counsel, submitted that on earlier
occasion the University had recommended that it had no objection for grant
of affiliation to the college for running the post graduate courses in Sanskrit
and Ancient History and B.Com courses, therefore, it does not lie in the
mouth of the University to come forward and challenge the same. He further
submitted that as the State has not preferred any appeal, therefore, this Court
should not interfere in the order passed by the learned Single Judge.
We have given our thoughtful consideration to the various plea raised
by the learned counsel for the parties and are of the considered opinion that
even if the Government Order dated 29th June, 2009 issued by the State
Government constituting the committee for considering the matter of issuing
‘No Objection Certificate’ for running a degree course and post graduate
3
courses is ignored then it is for the State Government to consider and decide
the question of issuing ‘No Objection Certificate’ itself. In the absence of the
same having been issued by the State Government, the question of granting
affiliation cannot arise. Merely on the basis of recommendation for issuance
of ‘No Objection Certificate’ and affiliation to be granted is of no
consequence. In the present case we find that the State Government has not
yet issued any ‘No Objection Certificate’ to the respondent no.1 herein. We,
therefore, in the interest of justice modify the direction given by the learned
Single Judge as contained in the order dated 16th June, 2010 and direct the
State Government to consider and pass appropriate orders on the application
filed by the respondent no.1 relating to issuance of ‘No Objection Certificate’
within a period two months from the date of a certified copy of this order is
filed before the concerned Secretary of the State Government. If the ‘No
Objection Certificate’ is granted the matter relating to recommendation for
grant of affiliation be considered by the University and appropriate order be
sent within one month to the State Government and the State Government
shall take a decision within two weeks thereafter.
Till the affiliation is granted the respondent no.1 shall not admit any
student in M.A. Sanskrit and Ancient History and B.Com course of the
University.
The appeal stands disposed of with the aforesaid modification.
Order Date: 26.7.2010
mt
4
Court No. – 32
Case :- SPECIAL APPEAL No. – 1114 of 2010
Petitioner :- Chhatrapati Shahu Ji Mahraj Uni. Kanpur Thru’ Registrar
Respondent :- C/M, Swargiya Bhagwanti Devi Degre College & Others
Petitioner Counsel :- Neeraj Tiwari,U.N. Sharma
Respondent Counsel :- C.S.C.,Nisheeth Yadav
Hon’ble R.K. Agrawal,J.
Hon’ble Abhinava Upadhya,J.
For order see order of date passed on the separate sheets.
Date of Order: 26.7.2010.
mt