Dilip Gupta, J. - (1.) Sri Gangaram Bankey Lal Mahavidyalaya, Harsingpur, District Jalaun (hereinafter referred to as the 'College') and its Manager have filed this petition for setting aside the order dated 5th September, 2009 passed by the Bundelkhand University, Jhansi (hereinafter referred to as the 'University') by which the affiliation granted to the College by the University has been withdrawn under the provisions of Section 37(8) of the U.P. State Universities Act, 1973 (hereinafter referred to as the 'Act').
(2.) It transpires from the record that the College was granted affiliation by the University for B.A. and B.Sc. classes. Government Orders dated 16th August, 2004 and 11 th August, 2006 were issued for the benefit of Scheduled Caste and Scheduled Tribe students and also certain sections of general category students. It provided that no fee shall be deposited by the Scheduled Caste, Scheduled Tribe and other category candidates whose family annual income was less than Rs. 1 lac. Certain complaints were made to the District Magistrate regarding the collection of fees from such candidates and the District Magistrate directed the District Inspector of Schools to enquire whether the funds made available by the Social Welfare Department for the welfare of such students were properly utilised by the College. The District Inspector of Schools submitted a report that the College did not produce any evidence to show that it had not collected fees from such students though it had received the amount from the Social Welfare Department for reimbursement. The District Magistrate, therefore, informed the Social Welfare Department which submitted the report to the Higher Education Department. It is on the basis of the aforesaid report submitted by the District Magistrate that the Special Secretary, Government of U.P. sent a communication dated 7th August, 2009 to the Registrar of the University asking the University to take appropriate action under Section 37(8) of the Act. The Executive Council of the University thereafter met on 26th August, 2009 and decided to withdraw the affiliation granted to the College and this decision was communicated to the College by the University by the letter dated 5th September, 2009. It is this order dated 5th September, 2009 that has been impugned in the present petition.
(3.) Sri C.K. Parekh, learned counsel appearing for the petitioners submitted that the order passed by the University is contrary to the provisions of Section 37(8) of the Act inasmuch as the Executive Council of the University could have passed an order only after obtaining the report of the Management of the College and with the previous sanction of the State Government. It is his submission that the Executive Council of the University decided to withdraw the affiliation merely on the basis of the communication dated 7th August, 2009 sent by the State Government to the University without seeking any report from the Management or obtaining previous sanction of the State Government as is required under Section 37(8) of the Act.;