- (1.) This special appeal has been made challenging the order dated 26th February, 2010 passed by learned Single Judge. By passing the interim order the learned Single Judge has held that so far as B.A. Part-II and B.A. Part-III are concerned the students are permitted to appear provisionally in the forthcoming examination, if otherwise they are eligible, in the neighboring institution, but students could not have been admitted in B.A. Part-I for the academic session 2009-2010 since the affiliation stood expired on 30 the June, 2009 and under section 37(10) of the Uttar Pradesh State Universities Act, 1973 (hereinafter in short called as 'the Act') fresh admission could not have been made. Therefore, no direction has been given permitting the B.A. Part-I students to appear in the examination. Learned Counsel appearing for the appellant has contended before this Court that the previous affiliation has expired on 30th June, 2009. Earlier it was granted under section 37(2) of the Act from 1st July, 2006. The application was made for permanent affiliation or extension in the month of June, 2009. A Committee was constituted by the University and the Committee has made inspection and submitted report. A favorable report has been given in favour of the institution but no affiliation has been recommended by the University on the basis of such report till this date and as a result whereof the career of the students is in jeopardy.
(2.) We are of the view, that the affiliation cannot be pre-supposed. The affiliation is to be granted after taking into account various pros and cons by inspecting team of the University at the invitation of the institution and thereafter a decision will be taken by the Executive Council or the Chancellor authorised to do it, in accordance with law. If any recommendation is made thereafter then no final decision has to be taken by the State Government. The enquiry plays a vital in favour of such type of institution. But merely on the basis of Committee report when the University has not arrived at any conclusion then the institution cannot say that the affiliation has been made, therefore, the affiliation will be made as a matter of course and the students will be admitted irrespective of the affiliation. The action on the part of the institution is squarely prohibited under section 37(2) read with section 37(10) of the Act. Both the sections are quoted: 37(2) The Executive Council may, with the previous sanction of the State Government admit any college which fulfils such conditions of affiliation, as may be prescribed, to the privileges of affiliation or enlarge the privileges of any college already affiliated or subject to the provisions of sub-section (8), withdraw or curtail any such privilege: Provided that if in the opinion of the State Government a college substantially fulfils the conditions of affiliation, the State Government may sanction granted of affiliation to that college or enlarge the privileges thereof in specific subjects for one term of a course of study on such term and conditions as he may deem fit: Provided further that unless all the prescribed conditions of affiliation are fulfilled by a college, it shall not admit any student in the first year of the course of study for which affiliation is granted under the foregoing proviso after one year from the date of commencement of such affiliation. 37(10) Notwithstanding anything to the contrary contained in any other provisions of this Act, a college, which has already been given affiliation to a University before the commencement of the Uttar Pradesh State Universities (Amendment) Act, 2003 in specific subjects for a specified period shall be entitled to continue the course of study for which admissions have already taken place but it shall not admit any student in the first year of such course of study without obtaining affiliation under sub-section (2).
(3.) Section 37(2) of the Act says the Executive Council may, with the previous sanction of the State Government admit any college which fulfils such conditions of affiliation or give permission of affiliation unless such stage is reached, the affiliation is not granted at all. Therefore, there is no occasion to admit the students in such un-affiliated college. Though the submission has been made by the learned Standing Counsel that the institution has made fraud upon the students but we do not want to go into such things but we clearly say that if law has time bound programme then by virtue of order of this Court, if affiliation is temporarily made then each and every institution has to make an application positively before expiry of one year so that all procedures mandatorily be completed before the period or before taking admission of new students for the next session. This has to be followed by the institution, the University as well as the State Government, in view of the order of this Court, no relaxation can be granted to the appellant herein particularly when the observation has been made by the Supreme Court in the case in Committee of Management, Maharaja Harish Chandra Post Graduate College, Moradabad v. M.J.P. Rohilkhand University, Bareilly,2005 2 SAC 16 as follows: The practice of granting temporary affiliation has become a major source of corruption. Where affiliation is granted for one year or two years then it is a well known fact that often some erroneous consideration is demanded from the college management for extending the affiliation and this practice must now be stopped. Hence, in future if an application for affiliation is made by any college or institution, then either permanent affiliation should be granted or the application should be rejected but there should not be any temporary affiliation. We cannot grant any relief in favour of the appellant. Hence, the special appeal is dismissed. No order is passed as to costs. Ashok Srivastava, J. I agree.;