Dilip Gupta, J. - (1.) EIGHT petitioners have filed this petition for quashing the order dated 24th July, 2010 passed by the Vice -Chancellor of Dr. Bhim Rao Ambedkar University, Agra (hereinafter referred to as the 'University') declining permission to the petitioners to appear at the forthcoming MDS Examination.
(2.) THE said MDS Course is of three years duration and the examination is to be held after the expiry of three years. Sri R.K. Ojha, learned Counsel appearing for the petitioners has placed before the Court the communication dated 25/27th August, 2009 sent by the Government of India, Ministry of Health and Family Welfare by which recognition has been granted for the Academic Session 2007 -08 to the Rama Dental College, Hospital & Research Centre, Kanpur for limited seats in Prosthodontics and Conservative Dentistry but the Vice -Chancellor of the University has refused to give permission to appear at the examination on the ground that the affiliation has not been extended by the State Government for the Academic Session 2007 -08. It is further pointed out that the State Government had earlier granted affiliation for a period of one year to the College with effect from the Academic Session 2006 -07 but the same has not been renewed. He further states that it is for the first time in the impugned order that the University has informed that the affiliation has not been extended.
(3.) IN a matter where the matter relating to grant of affiliation was pending before the State Government, a Division Bench of this Court in Special Appeal No. 292 of 2010 (Ram Dulari Bachcu Lal Jaiswal Mahavidyalaya, Nawabganj, Atrampur, Allahabad and Anr. v. State of U.P. and Ors.) decided on 9th March, 2010 modified the judgment and order of a learned Judge of this Court by permitting the students to appear at the examination subject to the decision to be taken by the State Government.;