P.K.S. Baghel, J. - (1.) THE petitioner No. 1, a committee of Management of a Degree College filed this writ petition through petitioner No. 2, who is stated to be its Manager. It has preferred this writ petition for quashing of the order dated 08 June 2010 passed by the State Government purported to be under Section 37(8) of the U.P. State Universities Act, 1973 (Act No. 10 of 1973), granting prior approval for the withdrawal of affiliation to the University and the consequential order dated 11 June 2010 whereby the Executive Council has granted permission for withdrawal of the affiliation. The essential facts are that a Society, namely, "All India Children Care and Educational Development Society, Azamgarh" is registered under the provisions of the Societies Registration Act, 1860 (as applicable in the State of U.P.). One of the objects of the Society is to promote the education by establishing educational Institution. With a view to the said object it has established a College under the name and style of Dhanpati Dharm Vidyalaya, Khempur, Azamgarh (for short, "the College"). It is affiliated with Veer Bahadur Singh Purvanchal University, Jaunpur. It does not receive any aid out of the State fund, therefore, it is a self -financing College. The provisions of the U.P. State Universities Act, 1973 and the First Statute of Veer Bahadur Singh Purvanchal University, Jaunpur are applicable to the College.
(2.) IN the year 2003 the College was granted temporary affiliation for three years for running B.Sc. course with subject Mathematics, Physics, Chemistry, Zoology and Botany. On 23.11.2007 the permanent affiliation was granted in the same subjects. Similarly, on 9.5.2005 temporary affiliation for one year was granted to the Institution for running B.Ed. course. Similarly it was also granted temporary affiliation in the academic session 2007 -08 for B.Ed. course. On 19 February 2009 the permanent affiliation was granted for the same subject. It appears from the record that a Member of Legislative Assembly made a complaint to the State Government on the ground that the petitioner Institution has got the affiliation by submitting forged and fictitious documents; the College does not have own land and no building of the College was constructed on the land which has been shown for the purposes of obtaining affiliation.
(3.) ON the complaint made by the Member of Legislative Assembly (for short, "the MLA") the District Magistrate was asked to submit a report. It is submitted that the District Magistrate without affording any opportunity to the petitioner submitted a report on 06 April 2010 against the petitioner College, wherein it was mentioned that it appears that affiliation was obtained by the petitioner Institution by providing forged khatauni. On the basis of the said report of the District Magistrate, the State Government in exercise of its power conferred under Section 37(8) of the Act No. 10 of 1973 has passed the impugned order dated 8.6.2010.;