AMITAVA LALA, J. - (1.) THIS Special Appeal has been filed challenging the order passed by the learned Single Judge on 25th of February, 2010. From the order itself, it appears that the learned Single Judge has appreciated the proposition of law under Section 37 (10) of the State Universities Act, 1973, which provides that no institution shall admit any student in the first year of such course of study without obtaining affiliation under sub-section (2) of the Act. Ultimately, the learned Single Judge has held that since there is no affiliation either temporary or permanent with the appellants-Institution, it is not possible to issue any direction to the University at this stage. However, as the matter of permanent affiliation is to be considered by the State Government within two months, the writ petition was directed to be listed for admission/hearing in the week commencing from 3rd May, 2010, and the parties were directed to exchange their respective affidavits in the meantime.
(2.) MR . P.S. Baghel, learned Senior Counsel, assisted by Gautam Baghel, appearing for the appellants - Institution, has contended before us that the examinations for the session 2009-10 were likely to commence from 11th March, 2010, which have been postponed for a period of two weeks. Temporary affiliation was granted for a period of three years, which expired on 30th June, 2009. Before expiry of the said period, the Institution has made an application for the purpose of appropriate affiliation. The University has recommended for one year affiliation. However, as per the order of the learned Single Judge, the proposal of permanent affiliation is to be considered by the State within two months. The State has no objection with regard to consideration of affiliation, even if this Court shortens the time period. Therefore, the question before us is as to whether it can be done within two weeks and if it is not done within two weeks, what will happen with regard to the career of the students, who have already pursued their studies and going to sit in the examinations. Whether any sympathy shown to such students will be misplaced sympathy or not particularly in view of Section 37(10) of the Act. We have heard Mr. P.S. Baghel, learned Senior Counsel as well as Mr. Neeraj Tiwari, learned Counsel appearing for the University. Admittedly, there is no question of fraud in imparting studies by any mushroom made Institutions. The Institution was already affiliated and permanent affiliation is awaiting. Against this background, we have to go through the respective provisions of law. We find that Section 37(10) of the Act has been relied upon by the learned Single Judge to come to an appropriate conclusion. This is an amended provision introduced under the U.P. Act 1 of 2004 with effect from 11th July, 2003. Such provision is quoted below : "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-sections (2).]"
(3.) FROM the plain reading of such sub-section, we find that it is in respect of giving affiliation to the college before commencement of the Uttar Pradesh State Universities (Amendment) Act, 2003 and also with regard to admission of the students in the first year of such courses of study without affiliation under sub-section (2). So far as the question of admission is concerned, in this particular case, it will be in respect of the admission from July, 2010. Mr. Baghel with all humility and command has given an undertaking before us that he is not going to admit any student for such year without getting any affiliation. Against this background, remaining question is with regard to the sitting of the students in the examination who have already been admitted after July, 2009 when the recommendation was already sent by the University for the purpose of further affiliation. ;