ARUN TANDON,J. - (1.) HEARD Sri Ashok Khare, Senior Advocate assisted by Sri T.B. Pandey, on behalf of the petitioners, Sri S.M.A. Qazmi, learned Chief Standing Counsel, on behalf of the respondent Nos. 1 and 2, Sri Anil Tewari, Advocate on behalf of respondent No. 3 and Sri Saumitra Singh, Advocate on behalf of respondent No. 4.
(2.) HANDIA Post Graduate College, Handia, District Allahabad through its Manager Dr. Deo Raj Singh, has filed this writ petition for quashing: (a) the letter of the Secretary, Higher Education, Secretariat, Uttar Pradesh, Lucknow (respondent No. 2) dated 30th November, 2004 addressed to the Vice -Chancellors of all the Universities of the State of Uttar Pradesh, whereby it has been provided that from academic session 2004 -05 all degree colleges must seek affiliations from the Universities within the territorial jurisdiction, whereof the colleges are situated. The institutions, which had obtained affiliations earlier from the Universities outside their* territorial jurisdiction, must get themselves affiliated for the academic session 2005 -06 with the University under whose territorial jurisdiction the institution is situated, (b) the consequential letter of the Vice Chancellor, Veer Bahadur Singh Purvanchal University, Jaunpur, dated 18th January, 2005 addressed to the Manager, Handia Post Graduate Degree College, Allahabad (petitioner), directing that from the academic session 2005 -06, the petitioner 'sinstitution has to obtain affiliation from the University under whose territorial jurisdiction the institution is situated. The relevant facts are as follows: Handia Post Graduate College, Handia situated in the District Allahabad, was established in the year 1973. Under the provisions of Section -5 of the U.P. State Universities Act, 1973 (hereinafter referred to as the '1973 Act), Kanpur University had the territorial jurisdiction to grant affiliation to the petitioners ' institution and therefore, initially a temporary affiliation was granted in favour of the petitioners ' institution, which was affiliated by the Kanpur University for B.A. and thereafter, for B.Ed. Classes in the year 1981.
(3.) IN the year 1981 a new University known as "Veer Bahadur Singh Purvanchal University" was established by the State Government at District Jaunpur. The distance between Handia Post Graduate College, Handia and the Veer Bahadur Singh Purvanchal University at Jaunpur, was only 80 Kilometers, while the distance between the Handia Post Graduate College, Handia and the Kanpur University, was approximately 250 Kilometers. Having regard to the said facts and circumstances, the State Government issued an Ordinance , namely, "The Uttar Pradesh State Universities (third Amendment) Ordinance, 1990" being U.P. Ordinance No. 26 of 1990.;