- (1.) THE petitioner is a self -financed private institution established by a registered society, namely, Shree Sai College Of Education & Technology, Meerut, after obtaining no objection certificate from the State Government, to run B.B.A. and B.C.A. Courses. The institution was granted temporary affiliation for three years with effect from 01.07.2009 that is for academic sessions 2009 -10, 2010 -11 and 2011 -12. Thereafter, extension of affiliation was also granted for academic session 2012 -13 vide letter dated 09.05.2012 of the State Government. The dispute relates to the academic session 2013 -14. For seeking permanent affiliation, process was initiated and affiliating University (the respondent No.2) appointed team of four inspectors vide letter dated 20.05.2013. For some reason or the other, the issuance of formal letter, granting permanent affiliation, got delayed and finally the State Government, in exercise of its power under Section 37(2) of the U.P. State Universities Act, 1973, granted permanent affiliation to the petitioner's institution vide letter dated 22.11.2013, with effect from 01.07.2013. Pursuant to the order/letter dated 22.11.2013 of the State Government, the affiliating University issued formal letter of affiliation to the petitioner on 06.01.2014, granting affiliation with effect from 01.07.2013.
(2.) IN the meantime, the admission process to various Colleges affiliated to the University was initiated by the University. As per the admission procedure, candidates desirous of admission to various courses conducted by the University are required to submit their application forms online at the website of the University and the University, on the basis of their merit and preference, has to allot colleges to the candidates. As on the date of initiation of admission process, there was no formal letter of affiliation issued to the petitioner, the University did not allot any students to the petitioner. The petitioner, however, in anticipation of grant of affiliation, for the academic session 2013 -14, issued advertisement dated 06.08.2013 inviting applications for admission and admitted 21 students in B.B.A. Course and 19 students in the B.C.A. Course which, according to the petitioner, was as per the eligibility criteria fixed by the University. It is the case of the petitioner that the classes of the concerned courses started on time and the students admitted in the institution attended the classes.
(3.) THEREAFTER , the University fixed the time schedule for filling up and submission of examination forms and the last date notified for the said purpose was 28.12.2013. As the petitioner did not have any formal letter of affiliation by the last date fixed, as above, the University did not accept the examination forms of the student of the petitioner -institution. Accordingly, the instant petition was filed seeking a direction to the respondents 2 and 3 (Chaudhary Charan Singh University, Meerut and its Vice -Chancellor) to open the web portal for registration of the students of the petitioner on the website of the University and to permit them to fill -up their examination forms online, with a further prayer that they be permitted to appear in B.B.A. -1 and B.C.A. -1 examination of session 2013 -14, commencing from 21.01.2014. On 20.01.2014, this Court passed the following order: - "The petitioner is a private institution imparting technical education and has preferred this writ petition for a direction upon the respondent no.1 to open Web Portal for registration of students on Website of University and to permit them to fill up the examination form through online and further permit them to appear in the Examination of BBA -I and BCA -I going to commence on 21.1.2014. It is stated that although the College was not affiliated in July, 2013 but in anticipation it admitted the students after publishing notice in the newspaper for the admission. Sri Neeraj Tiwari, learned counsel for the petitioner submits that there was inordinate delay on the part of the State Government and the University in taking decision in respect of affiliation of the College, therefore, the students should not be made to suffer. Sri Anurag Khanna, learned counsel appearing for the respondent no. 2 and 3, states that the examination is going to commence from tomorrow i.e. dated 21.1.2014 and the students have not been registered in the University and therefore it is not possible for the University to hold the examination in such haste. He invites attention of the Court to the order passed by this Court in somewhat similar facts of this case in Civil Misc. Writ Petition No. 39272 of 2013 ( Balaji College of Law, Saharnpur v. State of U.P. and others) decided on 9.12.2013 and Writ C No. 40851 of 2013 (Ankita Kumari and 11 others v. State of U.P. and 4 others) decided on 9.12.2013. The matter needs consideration. It is provided that University shall hold special examination of the students admitted for the BBA -I and BCA -I course in the institution in question. The University may file its counter affidavit within two weeks. Rejoinder, if any within three days thereafter. List the matter on 6.2.2014 in the Additional Cause List.";