A. K. Yog, J. - (1.) Committee of Management, Maharaja Harish Chand Post Graduate College (the petitioner) is aggrieved by the impugned order dated 29.9.2003/Annexure-14 to the petition passed by respondent No. 3 the Chancellor, Mahatma Jyotiba Phule Rohilkhand University, Bareilly (rejecting petitioner's representation dated 3.8.2002/Annexure-11 to the petition) in the matter of grant of 'affiliation' to run post graduate classes in Sociology and Economics; and hence filed this writ petition under Article 226, Constitution of India claiming following reliefs : "(A) Issue a writ or direction or pass order in the nature of certiorari quashing the order No. E-52/9/45/ dated 29.9.2003, passed by the respondent No. 3 (Annexure-14 to this writ petition)."
(2.) MAHARAJA Harish Chandra Post Graduate College, Moradabad (called the college) managed by the petitioner is an affiliated Post Graduate College of Mahatma Jyotiba Phule Rohilkhand University; Bareilly (called 'University') as contemplated under U. P. State Universities Act, 1973 (called the 'Act'), 'First Statutes' and Ordinances of the University. Petitioner (Committee of Management of the college) submitted an application for seeking recognition/affiliation to run 'post graduate classes' in the subjects of 'Sociology' and 'Economies' under Section 37 (2) of the Act on October 18, 1995, as required under law. Initially, as provided under the Act and the Statutes, on receipt of recommendation from the Executive Council of the University, the Chancellor of the University granted temporary/provisional affiliation, which was subsequently extended from time to time (on the basis of recommendations of the Executive Council of the University), as contemplated under Section 37 of the Act, as given hereunder : 1. Order dated 18.10.1995, w.e.f. 1.2.1995 to 30.6.1999 (Annexure-1 to W.P.). 2. Order dated 26.6.1999, w.e.f. 1.7.1997 to 30.6.1999 (Annexure-2 to W.P.). 3. Order dated 26.8.1999, w.e.f. 1.7.1999 to 30.6.2000 (Annexure-3 to W.P.). 4. Order dated 14.6.2000, w.e.f. 1.7.2000 to 30.6.2001 (Annexure-4 to W.P.). 5. Order dated 4.6.2001, w.e.f. 1.7.2001 to 30.6.2002 (Annexure-8 to W.P.). 6. Order dated 20.7.2002, w.e.f. 1.7.2002 to 30.6.2003 (Annexire-10 to W.P.). Note.-G.O. dated 11.11.1997/ Annexure-12 to W.P. sent to University on 7.1.1998, dealing with courses under AICTE (All India Council of Technical Education) and Courses outside AICTE upto Graduate to start after 1.7.1998 only were referred to for the first time in said Chancellor orders dated 20.7.2002.
(3.) THE record before us shows that the Registrar of the University, vide letter dated 11.10.2000/ Annexure-5 to W.P. addressed to Chancellor in the matter of grant of permanent affiliation in question, referred to orders of temporary extensions of affiliation upto 30.6.2001 and intimated that the report of the Inspection panel, deputed by the University for this purpose was considered by the Executive Council of the University in its meeting held on 30.9.2000 and recommended for permanent affiliation. Copy of the said letter (containing recommendation of the Executive Council for permanent affiliation) was also sent to the Principal of the college and the Secretary, Higher Education, Government of U. P., Lucknow, for perusal. The said letter shows that the Executive Council of the University had satisfied, itself that the petitioner satisfied all the requisite conditions which entitled it to receive 'permanent affiliation' for running post graduate classes in the concerned subjects and accordingly forwarded proposal to the Chancellor/respondent No. 3 to grant permanent affiliation to the two subjects at Post Graduate level in the college.;