COMMITTEE OF MANAGEMENT, MAHILA MAHAVIDYALAYA P G COLLEGE, SATI KUND, KANKHAL, DISTRICT HARIDWAR Vs. HEMWATI NANDAN BAHUGUNA (GARHWAL) CENTRAL UNIVERSITY, SRINAGAR GARHWAL THROUGH ITS REGISTRAR
LAWS(UTN)-2012-5-43
HIGH COURT OF UTTARAKHAND
Decided on May 18,2012

Committee Of Management, Mahila Mahavidyalaya P G College, Sati Kund, Kankhal, District Haridwar Appellant
VERSUS
Hemwati Nandan Bahuguna (Garhwal) Central University, Srinagar Garhwal Through Its Registrar Respondents

JUDGEMENT

B.S.VERMA, J. - (1.) BY means of this petition the petitioner has sought a writ in the nature of mandamus commanding the respondent to grant affiliation to the newly inducted courses for the session 2011 -2012. It is further prayed that a writ of mandamus be issued directing the respondent to conduct separate exams of rest of the students who were not permitted to seat in the exam.
(2.) BRIEFLY stated the facts of the case are that petitioners college is recognized and aided college and its basic motive is to impart education to women and other charitable activities according to vedic principles as propagated by the reformist movement Arya Samaj. It is further alleged that petitioners college has a history in providing quality education in the field of B.A. (Home Science), B.Sc. (Home Science) and P.G. Courses in Home Science and Political Science, M.Sc. (Food & Nutrition), P.G. Diploma in Nutrition and Dietetics in M.Com. - 1st Year (Self Finance Course). The petitioners college is aggrieved by by the action of the respondent for not granting affiliation to the newly inducted courses in M.A.(Music) and M.Com. for the year 2011 -2012.
(3.) IT is further pleaded that petitioners college received a letter dated 26.7.2011 from the respondents office in regard to extension of affiliation to the previous courses and induction of three new course in 2 the stream of B.B.A., M.A.(Music) and M.Com. for the Sessions 2011 -2012. By the aforesaid letter the respondent appointed a Panel of experts for the survey of petitioners college for granting affiliation to new courses including the course of the petitioners college and the extension of affiliation for the previous courses. Thereafter survey of the petitioners college was conducted by team of experts on 12.8.2011 and the college was informed on 15.10.2011 that certain deficiencies were found in the new courses being conducted by the petitioners college for which appropriate steps were to be taken by the college after which affiliation was to be granted to the new courses. The petitioners college after removing all the defects informed the respondent on 21.10.2011. When the affiliation was not granted some of the students of M.A. (Music) and M.Com. approached this Honble Court for getting permission to appear in examination and preferred Writ Petition No. 2566 of 2011(M/S), Km. Meenakshi Dhiman Vs. H.N.B. (Garhwal) Central University and another and also filed another Writ Petition No. 2565 of 2011 (M/S) Km. Rubia Vs. H.N.B. (Garhwal) Central University and another. The High Court vide order dated 12.12.2011 directed the university to permit the students of the college to appear in the examination. It is also alleged in para -14 of the writ petition that the respondent vide order dated 29.11.2011 had granted affiliation to the newly opened courses i.e. B.B.A., M.Com and M.A.(Music). By the said order affiliation to 30 seats in B.B.A. Course has been granted for the academic sessions 2011 -2012 and further has granted affiliation to 25 seats each in M.Com. and M.A. (Music) courses from academic sessions 2012 -2013 instead of academic sessions 2011 -2012. By the said action the respondent has tried to spoil the one precious year of the students who were enrolled for the sessions 2011 -2012. It is further pleaded that the Methodist Girls College had also applied on the same time and the respondent has granted the affiliation to the Methodist Girls Degree College on 3.11.2011 for the Sessions 2011 -2012. The petitioners college is also entitled to get affiliation to the newly inducted courses for the sessions 2011 -2012. Supplementary affidavit has also been filed and along with supplementary affidavit copy of application of petitioners college dated 24.12.2010 and copy of order dated 12.11.2011 passed by this Court in W.P. No. 2565 of 2011 (M/S) have been filed.;


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