- (1.) United Institute of Management (hereinafter referred to as the 'Institution') and Shivram Das Gulati Memorial Society, Allahabad which established the said Institution in 1999 for imparting Three Years Bachelor of Business Administration (hereinafter referred to as the 'BBA') and Bachelor of Computer Application (hereinafter referred to as the 'BCA') Courses, filed this petition initially for a direction upon the respondent Chhatrapati Shahu Ji Maharaj University, Kanpur (hereinafter referred to as the 'Kanpur University') to forward the proposal to the State Government for granting previous sanction for affiliation to the Institution with effect from 1st July, 2009 and for a direction upon the State Government to thereafter grant affiliation with effect from 1st July, 2009 but subsequently, by amendment, additional reliefs were claimed for quashing the letter dated 29th December, 2009 issued by the Kanpur University and the sanction granted by the State Government on 20th October, 2011 to the extent it granted affiliation with effect from 1st July, 2011 instead of 1st July, 2009. The amended prayers also seek the quashing of the order dated 11th January, 2012 passed by the Kanpur University as also the order dated 27th January, 2012 by which the State Government rejected the request of the petitioner-Institution for granting affiliation with effect from 1st July, 2009. The Society had established the Institution in 1999 at United Towers, 53 Leader Road, Allahabad for imparting Three Years BBA and BCA Courses and after the State Government had accorded Clearance to the Institution for running the said Courses by its letter dated 31st July, 1999, the Institution made a request to the Veer Bahadur Singh Poorvanchal University, Jaunpur (hereinafter referred to as the 'Poorvanchal University') for granting affiliation to the Institution under Section 37 of the U.P. State Universities Act, 1973 (hereinafter referred to as the 'Act'). The Poorvanchal University caused an inspection to be made and on the basis of the report submitted by the Poorvanchal University to the Chancellor, the Special Secretary to the Chancellor informed the Poorvanchal University by the letter dated 14th October, 1999 that the Chancellor had been pleased to grant previous sanction for temporary affiliation to the Institution to run BBA and BCA Courses under the Self Financing Scheme for a period of three years with effect from 1st July, 2000. On the expiry of the period of three years, the Special Secretary to the Chancellor informed the Poorvanchal University by the letter dated 12th September, 2003 that the Chancellor had been pleased to grant previous sanction for temporary affiliation to the Institution for another period of three years with effect from 1st July, 2003. The Registrar of the Poorvanchal University just before the expiry of three years wrote a letter dated 23rd May, 2006 to the Institution to henceforth seek extension of affiliation from the appropriate University as the territorial jurisdiction of the Universities had been modified by the State Government.
(2.) The Institution then requested the Chhatrapati Shahu Ji Maharaj University, Kanpur for granting affiliation and on the basis of the report submitted by the Inspecting Team, the Under Secretary to the Chancellor informed the Registrar of the Kanpur University by the letter dated 24th November, 2005 that the Chancellor had been pleased to grant previous sanction for temporary affiliation to the Institution for another period of three years from 1st July, 2006.
(3.) In the meantime, as the Society wanted to run the Institution from its own independent building, it acquired a plot measuring 5390 sq. metres at E-3 Industrial Area Naini, Allahabad on lease from the U.P. State Industrial Development Corporation Limited for educational purpose. The Society raised constructions on this new site at Naini and it is stated that when the infrastructure was ready, the Institution became fully functional to impart education to the students from the Academic Session 2007-08. It is, therefore, asserted that the Institution has been running from its Naini Campus ever since then and only the Head Office is situated at United Towers, 53 Leader Road, Allahabad. The Institution also made a request to the Kanpur University for grant of additional intake to BBA and BCA Courses at its new campus at Industrial Area Naini and on the basis of the inspection report submitted by the Panel on 6th November, 2008, the Kanpur University, by its letter dated 7th February, 2009, informed the Institution at its Naini address that it had sanctioned the additional intake of 120 students for the BBA and BCA Courses. Prior to this, the Kanpur University had sent a letter dated 23rd December, 2008 to the Institution to submit the proposal for grant of affiliation with effect from 1st July, 2009 as the earlier affiliation was going to expire on 30th June, 2009. The Institution submitted the application on 17th January, 2009 to the Kanpur University for grant of affiliation with effect from 1st July, 2009.;