S. Chandrashekhar, J. - (1.) SEEKING a direction upon the respondent -University to grant affiliation to the petitioner -college for running Bachelor in Education (B.Ed.) course for Academic Session 2014 -15, the present writ petition has been filed.
(2.) THE brief facts of the case as narrated in the writ petition are that, the petitioner is a Teachers Training College under the National Council for Teachers Education Act (NCTE), which is managed by a trust. The petitioner -College applied for grant of recognition and NCTE granted recognition vide memo dated 15.12.2006 for running one year B.Ed. Course with annual intake of 100 students. The respondent -University granted affiliation for Academic Session 2007 -08 vide memo dated 09.07.2007 and subsequently, it has granted affiliation for the Academic Sessions 2008 -09, 2009 -10 and 2010 -11. Vide Annexure -3/1 dated 27.03.2012, affiliation for Academic Sessions 2011 -12 to 2013 -14 was approved by the HRD Department, Directorate of Higher Education. The petitioner -College vide letter dated 04.06.2013 applied for grant of permanent affiliation and the respondent -University issued letter dated 19.06.2013 requiring the petitioner -College to deposit inspection fee and security deposit. The petitioner -College deposited only inspection fee on 10.12.2013. Thereafter, on 27.03.2014, the petitioner -College wrote letter to the respondent -University for grant of permanent affiliation for the Academic Session 2014 -15 and again a reminder letter dated 08.07.2014 was written by the petitioner -College to the respondent -University however, permanent recognition to the petitioner -College was not granted and therefore, the petitioner was constrained to approach this Court. A counter -affidavit has been filed on behalf of respondent -University stating that the petitioner did not apply for extension of affiliation for the Academic Session 2014 -15. Though the University repeatedly asked the petitioner to deposit the security deposit of Rs. 5 Lacs however, the same has not been deposited by the petitioner -College. Vide letters dated 08.05.2007, 15.09.2009 and 07.02.2011 the petitioner -College was directed to deposit Rs. 5 Lacs as Security Deposit however, the same has yet not been deposited by the petitioner -College. Earlier, an inspection team visited the College on 12.05.2011 and submitted its report on 05.07.2011 which indicates that the management did not produce the admission receipt etc. In the College, there is no Scheduled Caste teacher. The affiliation granted for the three Academic Sessions was subject to several conditions including appointment of Lecturers and admission of students following the government guidelines. The petitioner -College made representation for grant of permanent affiliation and not for extension of affiliation and therefore, the prayer in the writ petition cannot be granted. A counter -affidavit dated 19.09.2014 has been filed on behalf of respondent No. 2 stating that in view of mandatory direction issued by the Hon'ble Supreme Court in "Maa Vaishno Devi Mahila Mahavidyalaya Vs. State of U.P. & Ors.", reported in : (2013) 2 SCC 617, if the proposal for grant of affiliation is submitted on or before 20.03.2014, the same cannot be considered. In the present case, the respondent -University did not submit proposal for affiliation of the petitioner -College for the Academic Session 2014 -15 by 20.03.2014.
(3.) HEARD learned counsel for the parties.;