- (1.) This petition has been filed with the prayer for quashing the order dated 9.5.2012 passed by the opposite party no.3 and further with the prayer of mandamus commanding the State Government to direct the opposite party no.2 to allow 48 students admitted by the petitioner-institution on vacant seats in B.Ed. session 2008-09 to appear in the University examination, which is going to be held in the month of June, 2012 in terms of the Government Order dated 30.9.2011.
(2.) The facts in short are that the petitioner- Sardar Patel Institute of Technology (for short 'the petitioner-institution') is a self financed unaided private educational institution established by a registered charitable trust. The National Council for Teacher Education ( for short 'the Council') a statutory body of the Government of India granted affiliation to the petitioner- institution under Section 14(3) (a) of the National Council for Teacher Education Act (for short 'the Act') for conducting B.Ed. course of one year duration for 100 seats from academic session 2002-03. In pursuance to the aforesaid permission granted by the Council, the Chaudhary Charan Singh University, Meerut (for short 'the Meerut University') granted affiliation to the petitioner-institution to run B.Ed. course with annual intake of 100 seats from academic session 2002-03. The petitioner- institution thereafter applied for 100 more seats and the Council vide letter dated 13.8.2007 granted recognition for 100 additional seats to the petitioner-institution under Section 15(3) (a) of the Act and the Meerut University in pursuance thereof by means of letter dated 18.3.2008 granted permanent affiliation in respect of the additional 100 seats. The petitioner-institution thereafter applied for enhancement of 100 more seats on 29.2.2008, on which the Meerut University constituted an inspection committee for the purpose of conducting inspection for grant of affiliation for 100 additional seats though recommendation was made by the Council for grant of recognition for 100 additional seats (300 seats) w.e.f. 1.7.2006 vide letter dated 19.3.2008. After inspection of the petitioner-institution on 12.3.2008, the Meerut University vide letter dated 19.3.2008 recommended the case of the petitioner-institution for grant of affiliation for 100 additional seats w.e.f. 1.7.2006. The recommendation was forwarded by the Meerut University on Proforma 'A' to the State Government. The Assistant Registrar of the University, who was given the charge of the Registrar for one day, proceeded to grant provisional affiliation to the petitioner- institution on 14.7.2009 along with three others in respect of 100 additional seats. It is stated that the Assistant Registrar has been proceeded departmentally and action has been taken against him and the affiliation granted by him in respect of four institutions has been cancelled as it was obtained in collusion with the said officer, who was having no authority under law to grant affiliation and the competent authority to grant affiliation is the Vice-Chancellor, which is evident from Annexure No.1 dated 9.5.2012, which is under challenge. For the academic session 2008-09 counseling for B.Ed. course was conducted by the Dr. Bhim Rao Ambedkar University, Agra (for short 'the Agra University') and the petitioner-institution was allowed to participate in the counselling with the sanctioned strength of 300 (200+100) seats. Agra University held three rounds of counselling for the session 2008-09 to fill the seats in all B.Ed. Colleges in the State of U.P. and the petitioner-institution was allotted only 170 students in first and second rounds of counselling and 74 students in the third round of counselling thereby allotting total 244 students. When the Agra University did not allot the students as per the total sanctioned strength, petitioner- institution wrote letters to the opposite parties on 27.1.2010, 17.2.2010 and then admitted 48 more students on the basis of merit, who have qualified in the entrance examination of B.Ed. 2008-09 and secured 50% marks in Graduation and these students were admitted in pursuance to the advertisement published in the newspapers inviting applications from eligible students, who had qualified the entrance examinations of B.Ed. 2008-09. The petitioner-institution sent information to the Meerut University vide letters dated 12.3.2010 and 27.5.2010 about admission of 48 students in the B.Ed. Course and under assumption that approval has been accorded, it allowed the students to complete their studies and they had also attended the requisite number of classes as per the requirement. The State Government vide order dated 30.9.2011 took a decision that the examination of those students be held, who were given admission by the private institutions on their own as per the procedure prescribed in the Government Order dated 12.8.2008. When the Meerut University did not permit the students admitted by the petitioner institution, they filed Writ Petition bearing No.7349 (MS) of 2011 before this Court, in which it was directed that in case the students admitted by the petitioner-institution are covered under the Government Orders dated 12.8.2008 and 30.9.2011, the opposite parties shall permit them to appear in the University examination for B.Ed. Course 2008-09 as and when the same is going to be held. The Meerut University conducted the examination for B.Ed. Course 2008-09 from 6.1.2012 and did not allow 48 students admitted by the petitioner-institution on its own after not adopting the procedure prescribed in the aforesaid Government Orders. The petitioner-institution again applied for permanent affiliation from session 2010-11 for 300 seats and when the State Government did not take any decision in the matter, the petitioner-institution filed Writ Petition No.6057 (MS) of 2008, which was finally disposed of by this Court vide order darted 6.8.2010 with a direction to the State Government to consider the matter for grant of permanent affiliation within two weeks. In pursuance to the order of this Court dated 6.8.2010, the State Government vide order dated 29.11.2010 rejected the matter of the petitioner for grant of permanent affiliation for 300 seats from academic session 2010-11. In pursuance to the aforesaid order, the Vice-Chancellor of the Meerut University proceeded to pass the consequential order refusing to grant affiliation to the petitioner- institution vide order 9.5.2012. Hence this petition.
(3.) Submission of learned counsel for the petitioner is that in view of the promulgation of the Act, which is a Central Act, the requirement of affiliation is not contemplated under law and if any such condition has been laid down by the State Government, then the same is ultra-vires and does not have any recognition and cannot prevail over the Central Act. He further submits that while granting recognition, all the requirements were complied with and so the State Government cannot impose any additional requirements for grant of affiliation. The rejection of the affiliation is wholly illegal and cannot be held to be a valid action under law on account of the fact that the recognition granted by the Council is final. It is also submitted that the affiliation was granted by the Assistant Registrar vide order dated 14.7.2009 and, therefore, the petitioner cannot be made to suffer as they acted bona fidely on the basis of the said affiliation, which was granted provisionally and the students admitted by the petitioner, have been admitted on the basis of the Government Orders dated 12.8.2008 and 30.9.2011 on the basis of advertisement made in the newspapers as the Agra University failed to provide students to the petitioner-institution, which was the University conducting the counselling. It is further submitted that on the basis of the order of this Court at Allahabad in Writ Petition No.59661 of 2008, wherein an order was passed to the effect that in case the students are available in the select list prepared by the Kanpur University, Kanpur itself, the counselling may be held so that the institutions, which are eligible either under the orders of this Court or otherwise may be given opportunity of counselling and students as per the sanctioned strength of the institution by the NCTE be allotted, to such institution, the students were to be allotted, but it is stated that no such students were allotted. The said writ petition was got dismissed as having become infructuous on 9.12.2011. Submission, therefore, is that 48 students, who have been admitted by the petitioner-institution are entitled to appear in the University examinations, which are going to be held in the month of June, 2012. In support of his contention, he has placed reliance upon the following decisions:- "(1) State of Maharashtra vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and others, 2006 9 SCC 1; Adarsh Shiksha Mahavidyalaya and others, vs. Subhash Rahangdale and others, 2012 2 SCC 425; Chairman, Bhartia Education Society and another vs. State of Himachal Pradesh and others, 2011 4 SCC 527; Jaya Gokul Educational Trust vs. The Commissioner & Secretary to Government Higher Education Department, Thiruvananthapuram, Kerala State and another, 2000 5 SCC 231; State of Tamil Nadu and another vs. Adhiyaman Educational and Research Institute and others, 1995 4 SCC 104;;