RAJESH BALIA,J. - (1.) THIS is the third innings of the petitioner to come before this Court for seeking a mandamus for considering his application for affiliation with the University of Ajmer in proper perspective in accordance with law.
(2.) THE facts necessary for the present purposes may be stated briefly thus: Before University of Ajmer was established under the University of Ajmer Act, 1987, the. petitioner had moved an application to the University of Rajasthan some where in the month of April, 1986 seeking affiliation of college known as Indira College of Library Science. In the. first instance, University of Rajasthan appointed a committee for undertaking inspection of the College and after perusing the recommendation of the said committee, the University of Rajasthan granted affiliation for one unit i.e. for 40 seals for the Session 1986 -87 subject to terms and conditions, staled by it. One of the conditions was that extension of provisional al'liliation for the Session 1987 -88 must be. applied with required fees by the end of December, 1986 through the Director, Primary and Secondary Education, Rajasthan, Bikaner. The State Government also conveyed its no objection to the grant of affiliation by the University of Rajasthan. Petitioner Sansthan made an application for extension of the affiliation for the Session 1987 -88 vide application dated 29th December, 1986. Before that application could be. decided, University of Ajmer Ordinance was promulgated on 23rd July, 1987 which came into force with effect from 1st August, 1987. In the wake of establishment of University of Ajmer, the University of Rajasthan issued a notification stating that all colleges, institutions and institutes which have ceased to be affiliated by the University of Rajasthan and are not affiliated to any other University of the State are hereby affiliated with University of Ajmer w.e.f. 1st August, 1987. Petitioner was informed that provisional affiliation granted to it for the Session 1986 -87 had automatically ceased on the expiry of the Session 1986 -87. It was also stated that the petitioner did not follow the required procedure nor did it fulfil the requirements, laid down by the. University of Rajasthan or University of Ajmer and that the petitioner had not obtained no objection from the State. Govt. A stand was also taken by the University of Rajasthan that the V.C. of the University of Rajasthan was authorised to grant al'liliation for the Session 1987 -88 for colleges from which applications are received through proper channel provided the same are received on or before 25th July, 1987. However, the case of the petitioner was not referred to the Vice Chancellor because according to them, the application of the petitioner was not received until 1st August, 1987. In these circumstances, a writ petition was filed by the petitioner for seeking relief that it be declared that the college, run by the petitioner stands affiliated by the University of Ajmer and is entitled to run the Certificate Course. Two writ petitions bearing Nos. 807/89 and 2992/88 filed before this Court, were allowed in part by a common order on 21st September, 1989, with the following directions: I direct that the petitioner Institution shall make an application within 15 days from today according to the provisions of Chapter VI of the University of Ajmer Act, 1987 and the respondent University of Ajmer and the State of Rajasthan should dispose of the application of the petitioner regarding grant of affiliation within a period of two months from the date of the application for the academic session 1989 -90. Pursuant to that judgment, petitioner moved an application dated 28th September, 1989, that is to say, within a week of the pronouncement of the judgment, for considering its case for affiliation for the academic session 1988 -89 for Certificate Course in Library Science. Vide letter dated 11th November, 1989, petitioner was informed to get N.O.C. from the State Government. It was stated that on receiving all the documents, formality for affiliation will be started by the University of Ajmer. This letter dated 11th November, 1989 issued by the respondent University is Ex. R/2 attached with the reply, submitted by the University. Thereafter the petitioner vide letter dated 21st January, 1990 submitted that it has already moved the State Govt. for issuing 'No Objection Certificate'. It was further submitted that the college was already affiliated to the University of Rajasthan before promulgation of the University of Ajmer Act and such college stood automatically affiliated to the University of Ajmer. The petitioner invited attention to its earlier application dt. 20th April, 1989. This was also not responded to and the petitioner was forced to file a Contempt Petition before this Court bearing No. 33/1990. In reply to Contempt Petition, a stand was taken by the respondent University that the petitioner's application dt. 2nd January, 1990 reached University on 5th January, 1990 and the application did not reach University within fifteen days of the judgment referred to above and, therefore, the University was not bound to consider such application and it was further stated that the respondent University did not consider the petitioner's application by pointing out two major defects that it was not accompanied by the Certificate of the Slate Government and only a part of the fees has been deposited. Petitioner sent part of the fees but did not receive no objection certificate from the State Government. The State Govt. in its reply submitted that the application of the petitioner for grant of No Objection was rejected by the Govt. and in support thereof letter dt. 24th April, 1990 was produced alongwith the reply to the Contempt Petition. Prior to that, no communication for refusal to grant affiliation was made.
(3.) IT is in these circumstances that the petitioner has filed this petition challenging the inaction of the respondents to consider the petitioner's application and challenging the validity of the order, issued by the State Govt. refusing to grant No Objection Certificate.;