GURUKUL SHIKSHAN SANSTHAN Vs. PANDIT DEENDAYAL UPADHYAYA SHEKHAWATI UNIVERSITY, SIKAR
LAWS(RAJ)-2018-8-3
HIGH COURT OF RAJASTHAN
Decided on August 06,2018

Gurukul Shikshan Sansthan Appellant
VERSUS
Pandit Deendayal Upadhyaya Shekhawati University, Sikar Respondents

JUDGEMENT

INDERJEET SINGH,J. - (1.) Instant writ petition has been filed by the petitioner with the following prayers:- "It is, therefore, most humbly prayed that this writ petition may be accepted and allowed and the Honorable Court may by issuance of an appropriate writ, order or any direction in the nature thereof be pleased to; A. The respondent University to grant affiliation to the Shekhawati University Law Institute, behind Circuit House, Sikar, Managed by the petitioner Samiti, for Academic Session 2018- 19 for 3 years and 5 years LLB courses as mentioned in order of granting NOC dated 8th of June 2018 issued by the Commissionerate of College Education, Jaipur. B. Any other order or direction which this Honorable Court may deem fit and proper in the facts and circumstances of the writ petition may also be passed in favour of the petitioner."
(2.) Counsel for the petitioner submitted that the State Government vide order dated 8-6-2018 issued the NOC for starting of new Law College from the Session 2018-19 to 2020-21. Counsel further submitted that despite grant of NOC by the State Government the respondent University is granting affiliation. Counsel further submits that once the NOC has been granted by the State Government then the University cannot oppose for grant of affiliation. Counsel further submits that the petitioner has deposited the required affiliation fee/charges with the respondent University.
(3.) In support of the contentions, counsel for the petitioner relied upon the order passed by the Coordinate Bench of this Court in the matter of Shri Bhagwan Das Todi College v. Pandit Deendayal Upadhyaya Shekhawati University, S.B. Civil Writ Petition No.15556/2018, decided on 1-8-2018 , wherein it has been held as under:- "The issue in this petition is with regard to grant of affiliation to the petitioner-College for academic session 2018-19 following the grant of permanent NOC for the new subjects/faculties by the Commissionerate of College Education vide order dated 17th May, 2018. The process for grant of affiliation for the academic session 2018-19 was a matter of contest between the Colleges seeking affiliation and the respondent-University on the ground of mandatory requisite endowment fund of Rs. 35.00 lakhs for professional courses and Rs. 15.00 lakhs for graduate courses. The dispute was taken to this Court but during the pendency of the writ petition, vide Notification dated 30.6.2018, the endowment fund has been reduced to Rs. 3.5 lakhs for professional courses and Rs. 3.00 lakh for graduate courses. Mr. Vijay Poonia, counsel appearing for the petitioner College has prayed that in the circumstances the respondent University be directed to consider the petitioner-College's application for grant of affiliation for new subjects for the academic session 2018-19 in view of the permanent NOC in regard thereto issued by the Commissionerate of College Education on 17th May, 2018. Mr. Kanishk Gupta appearing for the respondent - University submitted that in the event the petitioner-College would file an application for affiliation for new subjects for the academic session 2018-19 duly supported by requisite documents, the said application would be considered on its merit and in terms of the procedure prescribed therefor and decided within four weeks of its receipt. The petition stands disposed of accordingly.";


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