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's institution 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. 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. The Ordinance No. 26 of 1990 reads as follows: "no. 2198 (2)/xvii-V-1 - 2 (KA) 27-1990 Dated Lucknow, September 21, 1990. In pursuance of the provisions of Clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English Translation of the Uttar Pradesh Rajya Vishwavidyalaya (Tritiya Sanshodhan) Adhyadesh, 1990 (Uttar Pradesh Adhyadhesh Sankhya 26 of 1990) promulgated by the Governor. THE UTTAR PRADESH STATE UNIVERSITIES (THIRD AMENDMENT) ORDInANCE, 1990 [u. P. Ordinance No. 26 of 1990] (Promulgated by the Governor in the Forty-First Year of the Republic of India.) AN ORDInANCE further to amend the Uttar Pradesh State Universities Act, 1973; WHEREAS, both the houses of the State Legislature are not in session and the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action; NOW, Therefore, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution, the Governor is pleased to promulgate the following Ordinance: (1) This Ordinance may be called the Uttar Pradesh Universities (Third Amendment) Ordinance, 1990. (2) In Section 5 of the Uttar Pradesh State Universities Act, 1973, after sub-section (1), the following sub- section shall be inserted, namely: " (1-A) (a) Notwithstanding anything contained in sub-section (1) from such date as the State Government may, by notification, appoint in this behalf, in respect of Handia Degree College in District Allahabad, instead of the University of Kanpur the Purvanchal University shall, exercise the powers conferred on a University under this Act and thereupon the Schedule shall stand amended accordingly. (b) The notification under this sub-section may provide for such other, transitory, supplemental, incidental and consequential provisions as the State Government may deem necessary for the implementation of the provisions of clause (a)" Governor Uttar Pradesh. By order, Sachiv. "
(3.) WITH the issuance of the consequential notification, by the State Government the concerned files pertaining to the institution qua the courses/subjects for which the college was affiliated, including the files and records of teachers and staffs and also the examination forms of the students at relevant time, were transferred to the Purvanchal University. The affiliation already granted in respect of the subjects or courses by the Kanpur University to the Handia Degree College, were continue as if granted by Purvanchal University, the institution was not required to obtain fresh affiliation, in respect thereto from the Purvanchal University. Since the Ordinance No. 26 of 1990 was not converted into the Act. The State Government issued successive Ordinances, namely, Ordinance Nos. 11 of 1991 (on 15th February, 1991), 37 of 1991 (on 11th September, 1991), 7 of 1992 (on 16th March, 1992), 13 of 1992 (on 18th May, 1992) and 27 of 1992 (on 29th November, 1992), whereby the acts done under the original Ordinance of 1990, were deemed to have been undertaken under the subsequent Ordinance, as if the amended provisions were applicable, at all material time with the Purvanchal University to be the University, which had the territorial jurisdiction under the State Universities Act for Handia Degree College.;