VIVEK CHAUDHARY, J. - (1.) Heard Dr. L.P. Mishra, Assisted by Sri Prafulla Tiwari, learned counsel for petitioner, Sri Savitra Vardhan Singh, learned counsel for respondent Lucknow University and Mr. Pankaj Khare, learned Additional Chief Standing Counsel for the State.
(2.) Present writ petition is filed by the Bappa Sri Narain Vocational Institute for quashing of the order dated 05.08.2020 passed by the Registrar of Lucknow University imposing penalty of Rs.1,00,000/- (One Lakh) upon the petitioner institution and condition no. 1 of order dated 10.09.2020 also by Registrar of Lucknow University providing that temporary association of the Bappa Sri Narain Vocational Institute (hereinafter referred to as ''petitioner institution') is being extended as a last opportunity and the institution shall get a spot inspection conducted within three months and a report shall be submitted by 31.12.2020 or its recognition for the Session 2021-2022 shall be automatically barred. Further, mandamus is also sought to declare that the petitioner institution be declared as permanent associate college of the University.
(3.) The facts of the case are that petitioner no.1 is a society running number of educational institutions. Initially the municipal area of the Lucknow city was governed by Lucknow Improvement Trust (hereinafter referred to as ''Trust'). For the purposes of development of education in the city of Lucknow, the trust executed a permanent lease deed dated 05.10.1933, w.e.f. 01.04.1931, in favour of Pt. Jai Narayan Mishra, the then Secretary and Manager of Kanya Kubj Inter College Lucknow. The title area of the land was 31 Bigha, 8 Biswa and 17 Biswansi sitatuated at Cantonment Road, Lucknow. The said Kanya Kubj College was one of the Colleges being run by the petitioner society. The factum of lease was also later duly recognized by the Lucknow Development Authority by its letter dated 26.09.2009. Pt. Jai Narayan Mishra, popularly known as ''Kaka Ji' and Shri Narayan Mishra, popularly known as ''Bappa Ji' were real brothers. In order to provide education, they established number of educational institutions on the said lease land, which are duly recognized, affiliated and existing till date. Petitioner institution was initially known as Bappa Sri Narain Degree College, an associate college of Lucknow University recognized in the year 1954. Later the college was upgraded to the post graduate level and named Bappa Sri Narain Vocational Post Graduate College an associate college of Lucknow University recognized in the year 1995-96. For the purposes of granting association for certain subjects and for similar other purposes it was found necessary that area over which the petitioner institution was initially established be separately earmarked and was so done.;