Rakesh Tiwari, J. - (1.) HEARD Counsel for the petitioners, Standing Counsel who has accepted notice on behalf of respondent No. 1, Sri Sanjay Kumar Singh who has accepted notice on behalf of respondents No. 2 and 3 and perused the record.
(2.) THIS writ petition has been filed with the prayer in the nature of certiorari quashing impugned order dated 23.7.2008 passed by respondent No. 1, contained in Annexure-1 to the writ petition. The petitioner also prays for is suance of a writ of mandamus directing respondent No. 1 to pass an order of per manent affiliation in favour of petitioner's institution for running the B.Ed, course with annual in take of 100 seats from the academic session 2007. Sri Bhagwan Singh Mahavidyalaya is a self-financed institution, which had earlier preferred Writ Petition No. 49642 of 2007 praying for grant of affiliation for B.Ed, course for the academic session 2006-07. The aforesaid writ petition was disposed of by the High Court directing the office of the Chancellor Dr. Bhim Rao Ambedkar University to transmit the papers with regard to petitioner's institution to the Principal Secretary Higher Education for taking appropriate decision in terms of section 37 (2) of Uttar Pradesh State Universities Act, 1973. A further direction was also issued by the High Court to Chancellor to take steps within one month from the date of production of certi fied copy and the State Government to take decision in accordance with law preferably within next two months thereafter. Section 37 (2) of the Uttar Pradesh State Universities Act, 1973 was amended by which power of affiliation is vested with State Government in stead of the Chancellor. After the matter regarding affiliation was subse quently of the petitioner's institution for academic session 2006-07 was referred to the State Government, certain information was sought from the University vide letter dated 7.1.2008. The University in turn supplied the information. According to the information received by the State Government the petitioner-institution along with several others admitted students on their own for the academic session 2005-06.
(3.) PURSUANT to the order dated 24.4.2006 passed in Writ Petition No. 944 (M/S)/2006 filed at Lucknow Bench of the High Court, wherein the Court rely ing upon a Full Bench decision of the High Court, vide its order dated 31.3.2008 held the admissions made in contravention of the provisions of N.C.T.E. Regulation and the U.P. State Universities Act, 1973 to be illegal. As when the admissions therefore made by the petitioners for the session 2005-06 were ille gal. The examination for the session July/August, 2007 were also cancelled by the State Government in view of judgment rendered by the Lucknow Bench of High Court in Writ Petition No. 5566 (M/S) of 2007. The contention of the Counsel for the petitioner is that from the im pugned order it is apparent that there are two objections of the State Government regarding grant of affiliation to the petitioner which have been detailed in paragraph-6 of the said order as under: @Hindi@;