- (1.) THIS petition has been filed challenging the orders dated 14-6-2012 and 10-7-2012 whereby the application of the petitioner S.P.Sikshan Samiti (herein after 'the Samiti') for extension of provisional affiliation of CRC Teachers Training College, Maharajabas Tehsil Behror, District Alwar run by them has been rejected by the University of Rajassthan on the ground that College Principal's M.A. (Final) mark sheet as submitted was not acceptable as the period of his experience overlapped the period of study for the MA degree rendering one way or the other the degree/ experience of the Principal suspicious. The facts of the case are that the petitioner Samiti's CRC Teachers Training College, Maharajabas was affiliated with the University of Rajasthan commencing 2007-08 for running a B.Ed. Course and provisional affiliation was extended in 2008-09 to 2009-10, 2010-11 and 2011-12. One Akhilesh Sharma Vatts was the Principal of CRC Teachers Training College Maharajabas for the Sessions 2010-11 and 2011-12.
(2.) ON 30-1-2012, the petitioner Samiti applied for further extension of the provisional affiliation of CRC Teachers Training College Maharajabas for the academic session 2012-13. An inspection was held by the University of Rajasthan through its Board of Inspection (BOI) after about five months on 5-6-2012. In the course of inspection it was found that period of study for M.A. degree of the Principal Akhilesh Sharma Vatts over-lapped the period of experience and consequently the BOI was of the view that it constituted a deficiency qua the norms, notwithstanding the fact that in the earlier Sessions 2010-11 and 2011-12 the affiliation of the college of the petitioner Samiti had been provisionally continued without any objection with Akhilesh Sharma as the Principal. Be that as it may, the petitioner Samiti anxious for obtaining provisional affiliation for the session 2012-13 hurriedly removed Akhilesh Sharma Vatts from the post of Principal of the College and instead appointed one Prem Sunder as Principal of CRC TT College Maharajabas on 14-6-2012. This fact was conveyed to the University of Rajasthan. The BOI again considered the matter (re-inspected the CRC TT College Maharajabas) but found that Prem Sunder's period of study in M.A. also over-lapped the period of experience claimed rendering him unacceptable to the BOI with the consequence of the college falling short on the requisite norms for affiliation. The petitioner Samiti there upon proceeded to remove Mr.Prem Sunder from the post of Principal and on the same day itself i.e. on 17-6-2012 appointed one Ms.Pushpa Gautam as Principal of the CRC TT College Maharajabas. This fact was conveyed to University of Rajasthan under the Samiti's representation dated 25-6-2012 to the effect that the deficiency found for the grant of provisional affiliation to the college by the Inspection Board of the University has been removed and provisional affiliation on the pending application be granted. Reminder in this regard was sent on 30-6-2012. However vide order dated 10-7-2012, the University of Rajasthan rejected the application of the petitioner Samiti for extension of provisional affiliation of CRC TT College Maharajabas for B.Ed. Course on the ground that the college did not have a Principal as required by the governing norms. Counsel for the petitioner submits that even though the University of Rajasthan had for the Sessions 2010-11 and 2011-12 accepted the eligibility of Mr. Akhilesh Sharma Vatts to hold the post of Principal of the College, for the reasons best known to the Board of Inspection (herein after the 'BOI'), for the Session 2012-13 the qualification of Mr.Akhilesh Sharma was found to be unacceptable. It is submitted that instead of contesting the view of the BOI, the petitioner Samiti under its anxiety for obtaining provisional affiliation of the college for B.Ed. Course immediately appointed one Prem Sunder as Principal of CRC TT College Maharajabas on 17-6-2012. On re-inspection by the Inspection Board of the College on 17-6-2012 the BOI again found the deficiency in the eligibility of Prem Sunder for the reason of overlapping of the period of experience with the period of the duration of his M.A. Course. It is submitted that the petitioner Samiti could not properly verify the certificates of Mr.Prem Sunder as the appointment had been hastily made. It was further submitted that the error in the appointment of Prem Sunder being brought to the notice of the Samiti it immediately removed him from the post of Principal of the College and on the same day itself i.e. on 17-6-2012 took corrective action by appointing Pushpa Gautam as Principal of the CRC TT College Maharajabas. This fact was conveyed to the University vide letter dated 25-6-2012. Reminder was also sent to the University on 30-6-2012. Counsel for the petitioner Samiti submits that the allegations of fraud at the Samiti's instance in respect of academic qualification of Akhilesh Sharma and Prem Sunder are absolutely incorrect as the petitioner Samiti has simply forwarded the documents as submitted by the incumbents to the University.
(3.) COUNSEL submitted that the issue in the present writ petition is with regard to affiliation by the University of Rajasthan for running a B.Ed. Course by the CRC TT College Maharajabas and the only ground for refusal of the affiliation lies in lacuna as aforesaid then pointed out by the University relating to the eligibility the Principals appointed to hold the post. He submits that for two academic Sessions the University had allowed Akhilesh Sharma Vatts to work without any objection. Yet subsequently the BOI in its inspection raised an objection. It is submitted that the University took six months even to have the BOI "inspect" the college for the 2012-13 affiliation. And for rectifying deficiencies found (on change of opinion) allowed a short period of time and an inadvertent error by the Samiti on the second appointment has been unfairly emphasised for the rejection of the affiliation overlooking corrective action in the meantime of which notice/ representation was sent to the University well before the order of rejection of the application for affiliation. It is further submitted that the University of Rajasthan under its order dated 14-6-2012 has granted conditional extension of provisional affiliation to 324 colleges requiring that the Principals of such Colleges be selected by a duly constituted Selection Committees by 30th September, 2012. It is submitted that the CRC TT College Maharajabas run by the petitioner Samiti ought to have been granted similar indulgence, as the petitioner Samiti has already appointed Ms.Pushpa Gautam on 17-6-2012 and was committed to further selection of the Principal of the College by a Selection Committee duly constituted as per requirement of law by 30th September, 2012.;