- (1.) AJOY Nath Ray, CJ. This is a reference made to us by a Division Bench. I have had the advantage of discussing the matter with both my Hon'ble brothers and we are agreed substantially, as to the manner in which the referred question is to be answered, and also the basic reasons for answering it in that particular way.
(2.) IN the briefest manner possible, I deliver my opinion with, however, this warning that if details of facts and further legal exposition are required, then those will be found in the other judgment. The Akhtar Rizvi College seeks affiliation with the Purvanchal University. Under the order of the Chancellor, passed under Section 37 of the Uttar Pradesh State Universities Act, 1973, it has been affiliated to the Kanpur University.
(3.) THE College is dissatisfied. It says Purvanchal University is much nearer by way of distance from the College than Kanpur. Besides, it has been affiliated to Purvanchal University from 1-7-1999. Before that, the State Government had even granted a no objection to such affiliation on 23-6-1998. On 2-11-2000, the State Government published the First Statute of the Purvanchal University under Section 50 of the Act, which was its first State Charter. Even there, the Rizvi College is mentioned as item No. 201 in the list of affiliated Colleges. THE College has made deposits of Rs. 28 lac on various accounts with the Purvanchal University already, though the sum is transferable to Kanpur, should the occasion so arise. Purvanchal University has facilities for a five year law course, Kanpur has not; the College has the Bar Council of India's approval for the course, dated 29-7-2004.;