Decided on July 23,2008



DHIRENDRA MISHRA,J. - (1.)THE above writ petitions are being disposed of by this common order as the question of law involved in both these petitions is common. However, for the purpose of this order facts, as mentioned in W.P. (C) No. 831/08 are being referred. THE petitioner college, which is an unaided college and recognized as minority institution by the State Minority Commission, is affiliated to respondent No. 2-University. Respondent No. 2-University is established under the provisions of M.P. Vishwa Vidhyalay Adhiniyam, 1973 (for short 'the Adhiniyam') and it is also a recognized University under the University Grants Commission. Respondent No. 2 exercising the powers under the Adhiniyam has framed Statute-28, College Code. Case of the petitioner is that provisions of the Statute-28, which are inconsistent with the rights created in favour of the minority institutions, cannot be enforced as against the minority institutions.
(2.)RESPONDENT No. 2-University in the purported exercise of powers conferred under Statute-28 directed the petitioner college to furnish details of meetings of the governing body including the number of meetings in which nominees of the respondent No. 2-University participated. It was further directed that provisions of Statute-28 are to be complied with by 9-10-2006 and details of appointment of the Principal and teachers were sought along with details of their salaries. By another internal communication dated 19-6-2007 (Annexure P-8) mentioning therein that if the teachers have not been appointed in accordance with the provisions of Statute-28, in such affiliated colleges admissions for the academic year 2007-08 have been prohibited and accordingly, the petitioner college was directed not to give admissions to the students in the first year of B.B.A. course. The petitioner college vide Annexure P-11 was further directed to make appointments in accordance with the Statute-28. The above directions were further reiterated vide Annexures P-12 and P-13 and the petitioner college was informed that in view of the ban imposed on the college for granting admissions to the students in the first year of B.B.A. course, the nomination forms of the students, who have been admitted, shall not be accepted and they shall not be allowed to appear in the examination. RESPONDENT No. 2-University further directed the petitioner college not to forward examination forms of the students admitted in the college, as the University had imposed ban on admission. RESPONDENT No. 2-University vide notice dated 4-1 -2008 (Annexure P-19) called upon the petitioner that despite ban on admission to first year of B.B .A. course in the college, the petitioner college violating the orders of the University, gave admissions to the students to the first year and also permitted them to fill-in the examination forms, therefore, why legal action should not be taken against it and three days' time was allowed to reply. However, without waiting for reply, the respondent No. 2-University cancelled the examination of the students of the petitioner college who appeared in the English paper of first semester of B.A. course on the same day and they were further restrained from appearing in future examination vide Annexure P-20.
After receiving the above communication, the petitioner college vide letter dated 8-1-2008 (Annexure P-21) informed the respondent No. 2-University that the petitioner institute is prepared to withdraw W.P. (C) No. 4096/07 filed against the University and also to follow the Statute No. 28 and other rules and regulations. They also tendered apology vide their letter dated 9-1-2008 (Annexure P-22) for admitting the students in the first years of B.B.A. course. Respondent No. 2-University vide their memo dated 1-2-2008 (Annexure P-23) permitted the students of the petitioner college to appear in the annual examination, 2008 as non-collegiate students and further granted special permission to them to seek admission in the second year course as regular students in other colleges. By this order it was declared that the petitioner college shall not be eligible for teaching of 2nd semester of B.B.A. course and shall also not admit students in the first year for the academic session 2008-09 for not following the Statute-28. The petitioner by the instant petition has prayed for following reliefs:

7.1 by a writ of mandamus or by a suitable, writ, order or direction and the decision and action of the respondent No. 2-University as per letter dated 01-02-2008 (Annexure P-23) may kindly be quashed. 2 by a writ of mandamus or by a suitable, writ, order or direction, respondent No. 2-University may kindly be directed not to thrust the provisions of Statute No. 28 (particularly Part-II, Part-I V, Clause Nos. 17 to 21, Clause No. 29 and Part VI, Clause Nos. 30 to 32) upon the petitioner being in violation of Article 30 of the Constitution of India.

(3.)BY a writ of mandamus or BY a suitable, writ, order or direction, respondent No. 2-University be directed to consider the admissions of first year M.A., M.Com., B.Com.)B.Sc.,B.B.A.,B.C.A. students made in petitioner college in the academic year 2007-08 to be valid admissions and to grant enrolment numbers to the students and to permit them to appear for respective examinations as bona fide students of the petitioner college.

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