- (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.
(3.) We have heard Mr. P.S. Baghel, learned Senior Counsel as well as Mr. Neeraj Tiwari, learned Counsel appearing for the University.;