ASHOK Bhushan, J. - (1.) Heard Sri P. N. Saxena, learned Senior Advocate assisted by Sri J. P. N. Singh for the petitioners and Sri Anil Tiwari, learned Counsel appearing for respondent No. 2.
(2.) P. N. Saxena, learned Counsel for the petitioners, at the very outset, submitted that the writ petition is being pressed only for petitioner No. 2. The name of petitioner No. 5 has already been permitted to be deleted on the application filed by petitioner No. 5 himself by order dated 17th May, 2006. It has been stated in paragraph 13 of the supplementary affidavit filed by the petitioners that petitioners No. 1, 3, 4 and 6 had sought affiliation only for B. A. for the session 2005-06 with Veer Bahadur Singh Purvanchal University, Jaunpur (hereinafter referred to as Jaunpur University) and since the Jaunpur University has permitted the students of all colleges previously affiliated to it to appear at B. A. Part-I examination 2005-06 and their results have also been declared, grievance of the said petitioners stand satisfied. The writ petition, thus, survives only for petitioner No. 2 and has been pressed only for petitioner No. 2. In view of this, the facts pertaining to petitioner No. 2 (herein after referred as the petitioner) only are being noted for deciding the writ petition. Brief facts of the case, as emerge from pleadings of the parties are; the petitioner, i. e. , Committee of Management Beni Madhav Singh Mahavidyalaya, Madhav Nagar Bigahiya, Allahabad, applied for affiliation of the College with respect to B. A. Course with the Jaunpur University. By order of the Chancellor dated 14th August, 1999, the College was granted a temporary affiliation for a period of three years from 1-7-1999 in various subjects of B. A. The said affiliation was extended by order dated 30th August, 2003 for a further period of three years with effect from 1st July, 2003. The College was also granted affiliation for B. Ed. Course by order dated 11th September, 2003 for a period of one year with effect from 1st July, 2003. It was further extended for a period of one year, i. e. , for the session 2004-05. The State Government issued an order dated 30th November, 2004 taking the view that in accordance with the provisions of U. P. State Universities Act, 1973, Section 5 (1) read with Schedule, the Universities shall exercise their territorial jurisdiction as indicated therein. The order further directed that no proposal for grant of affiliation with effect from the academic session 2004-05 be accepted with regard to the Colleges beyond the territorial jurisdiction. It was also directed that those colleges, which were earlier granted temporary/conditional affiliation, be granted conditional affiliation for the session 2004-05. It was further directed that those colleges, which have got affiliation from the University beyond its territorial jurisdiction, they should obtain affiliation from the academic session 2005-06 from the University competent to grant affiliation. Another Government order 5th August, 2005 was issued directing that those colleges, which were earlier granted temporary/conditional affiliation in special circumstances be granted affiliation for the academic session 2005-06 and the order dated 30th November, 2004 is modified to that extent. Another Government order was issued on 5th October, 2005 providing certain details with regard to conditional affiliation for the session 2005-06. The order directed that for the first year of academic session 2005-06 affiliation be taken under the University, which has territorial jurisdiction for the college and examination of second and third year shall be conducted by the University to which college is previously affiliated. A letter dated 24th December, 2005 was written by Jaunpur University to the Registrar of Chhatrapati Shahuji Maharaj University, Kanpur (hereinafter referred to as Kanpur University) intimating about the contents of paragraph 3, Point No. 2 of the letter dated 5th October, 2005. A writ petition was filed by petitioner alongwith other petitioners being Writ Petition No. 6762 of 2006 in which an interim relief was granted by this Court on 6-2-2006 staying the order dated 24th October, 2005 and directing the University to issue admit cards to the students of first year admitted in August, 2005 in B. A. Part-I. In its order dated 6th February, 2006 this Court relied on an earlier interim order dated 10-1-2005 passed in Writ Petition No. 274 of 2006. However, the interim order dated 6th February, 2006 provided that in the next academic session each one of the students qua the petitioners of that writ petition shall be transferred to Kanpur University as has been undertaken by the petitioners. This writ petition has been filed by the petitioner praying for following relief : " (i) Issue a writ, order or direction in the nature of certiorari quashing all communications issued by the respondents in respect of transfer of petitioners' colleges from V. B. S. Purvanchal University. (ii) Issue a writ, order or direction commanding the respondents to permit the petitioners' colleges to remain affiliated with the V. B. S. Purvanchal University Jaunpur. (iii) To direct the respondents to expeditiously grant affiliation of various subjects to those petitioners colleges pending due to territorial dispute. (iv) Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the present circumstances of the case. (iv) Award cost of the instant writ petition in favour of the petitioners. "
(3.) FROM the above prayer made by the petitioner, it is clear that first prayer in the writ petition is to quash the orders of the State Government and the University directing the petitioner's college to take affiliation from the University having territorial jurisdiction, i. e. , transfer of affiliation from Jaunpur University. A further direction has been sought commanding the respondents to permit the petitioner's college to remain affiliated with Jaunpur University. Jaunpur University has filed a short counter-affidavit and a supplementary counter-affidavit opposing the writ petition. In the short counter-affidavit it has been stated that controversy raised in the writ petition has been decided by Full Bench of this Court in Writ Petition No. 31175 of 2005 (Dr. Akhtar Rizvi Educational Trust v. State of U. P. & Ors. ). It has been prayed that this writ petition be also decided in accordance with the judgment of the Full Bench dated 31st March, 2006. In the short counter-affidavit filed by the University it has also been stated that in pursuance of the direction of this Court passed in this writ petition, the University has permitted the students of B. A. 1st year of the petitioner's college for the session 2005-06. Thus according to the case of the University itself for the session 2005-06 students have appeared in the examination conducted by the Jaunpur University.;