- (1.) The petitioner no. 1 is a Committee of Management of a Degree College, Ramesh Chandra Rao Navtappi Mahavidyalaya, Rampurgarh, Deoria and the petitioner no. 2 claims to be its Manager. This proceeding under Article 226 of the Constitution of India has been instituted by the petitioners for quashing an order dated 22nd May, 2016 issued by the Registrar of the Deen Dayal Upadhyaya Gorakhpur University, Gorakhpur communicating the decision of the Affiliating Committee of the University, whereby the application of the petitioners' institution for affiliation to conduct the B.Ed. course has been rejected.
(2.) The aforesaid Degree College, which is managed by the petitioners, is affiliated to Deen Dayal Upadhyaya Gorakhpur University, Gorakhpur (for short, the "University"). It is governed under the provisions of the U.P. State Universities Act, 1973 and its First Statutes. In the year 2012 the petitioners' institution intended to conduct B.Ed. course and accordingly, made applications to the National Council for Teacher Education (NCTE) and the University. The NCTE vide its order dated 29th May, 2015 granted recognition to the petitioners' institution to conduct B.Ed. course of two years duration with an annual intake of 100 (two units) from the academic session 2015-16. However, the University has rejected the application of the petitioners for affiliation vide impugned order on two grounds: (i) the University did not issue any no objection in terms of the Government order dated 27th September, 2002, and (ii) the inspection panel constituted by the University has not submitted its report to the University.
(3.) As regards the first ground that the University has not issued any no objection is concerned, this Court in its judgement dated 24th June, 2016 rendered in companion Writ-C No. 28141 of 2016 (C/M Babu Baij Nath Singh Mahavidyalaya and another v. State of U.P. and others) has elaborately considered this issue and has set aside the order of the University for the reasons mentioned in the said judgement.;