ALOK SHARMA, J. - (1.) Under challenge is the order dated 22.12.2016 passed by the respondent - University refusing to grant affiliation to the petitioner - College for its 3 year B.Sc. Degree course for Academic Year 2016-17. That refusal is impugned as arbitrary, liable to be set-aside. Appropriate directions beneficial to the petitioner-College's are also sought.
(2.) Heard. Considered.
(3.) The documents annexed by the petitioner college with the writ petition i.e. Annexure-2, 3 and 5 make it clear that it at the relevant time it did not have either permanent or temporary NOC from the State Government for the 3 year B.Sc. degree course for the academic year 2016-17. Initially a temporary NOC was indeed granted by the State Government to the petitioner-college on 6.1.2011 valid for the academic sessions 2011-12, 2012-13 and 2013-14 allowing it inter-alia to commence the arts and science subject/ courses which would have included a 3 year B.Sc. Degree course. However, when the temporary NOC came to be extended by the State Government vide orders dated 25.7.2014 and 22.2.2016 for the academic session 2014-15 and 2015-16 respectively, it was limited to the existing courses being taught at the relevant time in the petitioner-college. Admittedly, both as on 25.7.2014 and 22.2.2016, the petitioner-college was not teaching any 3 year B.Sc. degree course, but only B.A. (Hindi, English, Sanskrit, History, Political Science, Public Administration, Economics) and M.A./M.Sc. (Geography) as also MA (Hindi). Consequently NOC by the State Government for running a 3 year B.Sc. degree course did not obtain after academic year 2013-14. Affiliation by the respondent - University for the petitioner-college's B.Sc. Course in the academic year 2016-17 could not be granted in the absence of NOC. The University of Rajasthan affiliation rules apply to affiliations by the respondent - University by virtue of Section 49 of the Shekhawati University Act, 2012 under which it has been established. Rule 2.4.5 of the affiliation rules of the University of Rajasthan provides that an application to start a new college or to run fresh course(s) should be accompanied inter-alia by an "appropriate order from the Government permitting the Society / Trust to start the college with details of the courses / programmes intended to be offered." NOC of the State Government permitting the commencement of 3 year B.Sc. degree course was, therefore, a sine-qua-non for the respondent-University allowing affiliation to the petitioner college for its B.sc. 3 year degree course in the academic session 2016-17.;