- (1.) THIS petition has been filed challenging the letter dated 16.08.2012 and the letter dated 12.09.2012, issued by the University of Rajasthan whereby the petitioner-College was informed that its case for permanent affiliation of the 5 year BA-LLB Course was placed before the Board of Inspection and the Board of Inspection took a decision not to recommend the case of the petitioner-College for permanent affiliation as sought in view of the fact that the petitioner-College was a "new College ". Consequently, the petitioner-College's application was rejected.
(2.) MR . Lokesh Sharma, appearing for the petitioner-College, has submitted that the ground which prevailed with the respondent-University in refusing affiliation to its BA-LLB (five years course) aside of being arbitrary, is palpably discriminatory. It has been submitted that the petitioner-College was provisionally affiliated to the University's BA-LLB (five years course) under the University's letter dated 19.10.2010 on provisional basis commencing the academic year 2010-11 (with conditionalities). It is submitted that subsequent to the provisional affiliation granted on 19.10.2010 to the petitioner-College, the petitioner-College has also been granted approval by the Bar Council of India vide order dated 18.07.2012 and the condition of affiliation on that count satisfied. It is submitted that albeit the affiliation was provisional, yet the factum of the petitioner-College being an existing College with the University's affiliation for a BA-LLB (five year course) for 2010-11 cannot be denied and therefore treating the petitioner-College's application for permanent affiliation for the aforesaid course as being one of a new College, was wholly unreasonable and arbitrary. Aside of that, counsel for the petitioner-College has emphatically submitted that besides the petitioner-College, vide order dated 19.10.2010 provisional affiliation was also granted similarly to Law Colleges i.e. S.S. Jain Subodh Law College and Vidhyasthali Law College. It has been submitted that the applications of the aforesaid two Colleges for permanent affiliation have been considered and the aforesaid Colleges granted permanent affiliation for BA-LLB (five years course) while the similar application of the petitioner-College rejected in an apparent act of gross discrimination hit by Article 14 of the Constitution of India. Reply to the writ petition has been filed. A bare look at the reply indicates that the case of the petitioner-College based on it being invidiously discriminated has not been seriously disputed. It has been admitted that both S.S. Jain Subodh Law College and Vidhyasthali Law College, were provisionally affiliated for BA-LLA (five years course) under the same order dated 19.10.2010 as was the petitioner-College. The aforesaid two Colleges' applications for permanent affiliation were considered and they granted permanent affiliation for BA-LLB (five years course). The reasons for denying permanent affiliation to the petitioner-College are quite unclear and it is not stated as to how in spite of earlier provisional affiliation, the petitioner-College could be treated as a "new College " while other similarly granted provisional affiliation under the same order dated 19.10.2010 were not so treated and disqualified.
(3.) HEARD and considered.;