ORDER
Nanavati, C.J.
1. Though this appeal is listed today for preliminary hearing, with consent of learned advocates it is taken up for final hearing.
2. The appellant Navodaya Education Trust is running many educational institutions in the District of Raichur. In one of its colleges it is conducting ‘B’ Pharma, ‘D’ Pharma and Diploma in Nursing courses. It wanted to start B.Sc., Nursing Course front the academic year 1993-94. Therefore, it made an application for affiliation of that college in respect to that course to the 2nd respondent-Gulbarga University under Sec. 53 of the Karnataka Universities Act. The University forwarded the application and the relevant documents along with its recommendations to grant affiliation from the academic year 1993-94, to the Government on 1-4-93. The State Government after making an enquiry recommended on 17-9-93 to grant affiliation. The appellant brought to the notice of the University the said recommendation soon (hereafter. It also admitted students between 14-12-1993 and 21-12-1993 as the last date fixed for admitting students was 31-12-93. The University granted affiliation on 7-4-94 not from the academic year 1993-94 but from the year 1994-95. It also returned on 7-5-1994 the list of students submitted by the appellant on the ground that it was granted affiliation only from the academic year 1994-95 and not from 1993-94. The appellant therefore filed a petition in this Court under Art. 226 of the Csnstitution challenging the said action of the University and also the notification
dt. 7-4-94 whereby affiliation was granted from the year 1994-95. The learned single Judge dismissed the petition. Hence this appeal
3. What is contended by the learned counsel appearing for the appellant was that under S. 53(5) of the Act, the University has to grant affiliation as recommended by the Government and therefore in this case it was not open to the University to grant affiliation from the academic year 1994-95 and not from 1993-94. On the other hand it was contended by the learned Advocate appearing for the University that though the State Government had recommended that affiliation should be granted from the year 1993-94 the University did not receive from the Government any communication till April 1994 and by the time it was received the academic year was about to be over and it was for the reason that the University granted recogniiion from the academic year 1994-95. In order to appreciate the rival contentions it is necessary to refer sub-sec. (5) of S. 53 of the Act, which reads as follows :
“Section 53 : Affiliation of Colleges :
(5) The Registrar shall within such time as the Government may from time to time specify, submit application and alt proceedings, if any, of the Academic Council and of the Syndicate relating thereto the State Government, which after such inquiry as may appear to it to be necessary shall make their recommendations for the grant of the application or any part thereof or refuse the application or any part thereof and the University shall issue orders accordingly.”
On plain language of the Section it becomes clear that after recommendation is made by the State Government the University has to pass an order in terms of the said recommendation. The words “The University shall issue orders accordingly” in our opinion leave no doubt that no discretion is left to the University thereafter. The University has to pass an order in terms of the recommendation made by the Government. In this case the University had earlier on 1-4-93 forwarded the application of the appellant with its
opinion that affiliation as prayed for deserve to be granted. The Government after making its own enquiries was also of the opinion that the appellants college deserved to be granted affiliation. It therefore recommended to the University that the affiliation as prayed for should be granted to the appellant’s college. The State Government decided to recommend granting of affiliation on 17-9-1993. Therefore the only thing which the University had thereafter to do was to pass a formal order on that behalf. Relying upon this recommendation the appellant had admitted students between 14-12-1993 and 21-12-1993. Therefore, there was no valid reason for the University for not granting the affiliation from the academic year 1993-94. Even if the University received official communication from the Government late, it did not provide any justification for the University to grant affiliation from the academic year 1994-95. Granting of affiliation to colleges post-facto is not unusal. Affiliation could have been granted in this case from the year 1993-94. Therefore the action of the University in this case will have to be regarded as arbitrary and illegal in view of the provision made in subsection (5) of Section 53 of the Act.
4. We therefore allow this appeal and direct the University to grant affiliation to the appellant’s college for the B.Sc., Nursing course from the academic year 1993-94. The students who were admitted during the academic year 1993-94 were permitted to appear in the examination held on 16-8-1994. Therefore, the Univeristy shall now declare the result and grant to the college and the students all the consequential benefits.
No order as to costs.
5. Appeal allowed.