- (1.) THIS writ petition is directed against the order dated 06th November, 2013 passed by the Secretary, Government of Uttar Pradesh, Sanskrit Shiksha Anubhag, Lucknow, whereby it has suspended the aid to the petitioners' Institution on the ground that number of students is not in terms of the relevant Statute of the concerned University.
(2.) THE essential facts are that Jublee Sanskrit College Society, Ballia (for short, the "Society") is a Society registered under the provisions of the Societies Registration Act, 1860. To regulate its affairs the Society has framed its bye -laws. One of the objects of the Society is to promote education. With the said view the Society has established an educational institution, namely, The Jublee Sanskrit College, Ballia (for short, the "Institution") for preservation, advancement and spread of Sanskrit education. The affairs of the Institution are managed by the petitioner no. 1 -Committee of Management. Its Manager has joined the petition as petitioner no. 2.
(3.) THE Institution is a Post Graduate College and it is affiliated to Sampurnanand Sanskrit University, Varanasi (for short, the "University"). It imparts education of Shastri (Under Graduate) and Aacharya (Post Graduate). The provisions of the Uttar Pradesh State Universities Act, 1973 (for short, the "Act, 1973") and the First Statute of the University are applicable to the Institution. It is stated that the Institution was established in the year 1967 and it has sufficient infrastructure. The Institution receives aid out of the State fund since 1968. It is averred in the writ petition that in the year 2012 the University initiated action against 85 Colleges affiliated to it in respect of the irregularity committed at the examination centres and the University prohibited the institutions from taking any admission of the students for three years. The Registrar of the University vide its communication dated 11th July, 2012 issued a show cause notice to the Institution and in the meantime the Institution was directed not to admit any student in session 2012 -13 in Shastri and Aacharya Ist year. Said action was taken against 30 institutions including the petitioners' Institution. In compliance thereof, the Institution did not admit students in Shastri and Aacharya Ist year. A copy of the said communication dated 11th July, 2012 is on the record as annexure -7 to the writ petition. The Executive Council of the University after considering the reply submitted by the petitioners and the other institutions took a decision whereby it has withdrawn the ban imposed upon the college in respect of fresh admissions and warnings were issued. The Institution was imposed with a fine of Rs.5,000/ -. A copy of the said order dated 17th October, 2012 is on the record as annexure -9 to the writ petition.;