Aparesh Kumar Singh, J. - (1.) THE writ petitioner is the appellant herein (hereinafter referred to as "the petitioner" for short), who is aggrieved by the impugned judgment dated 21.01.2015 passed by the learned Single Judge, whereby the writ petition was dismissed and the petitioner's prayer for directing the respondent - Vinoba Bhave University, respondent No. 2 to grant affiliation to the petitioner -institution for academic sessions 2014 -15 for running Bachelor in Education (for short B.Ed) with annual intake of 100 students and also for grant of permanent affiliation to the petitioner -institution has been refused.
(2.) PETITIONER -college was granted recognition by NCTE vide Memo dated 15.12.2006 for running of one year B.Ed. course with annual intake of 100 students. The respondent -University had granted affiliation for the academic sessions 2007 -08 vide memo dated 9.7.2007 and subsequently for the successive academic sessions 2008 -09, 2009 -10 and 2010 -11. Vide order dated 27.3.2012, affiliation was further granted for the sessions 2011 -12 to 2013 -14 by the Human Resources Development Department, Directorate of Higher Education. Petitioner's grievance is that though it made a request through letter dated 4.6.2013 much well in advance for grant of permanent affiliation and also deposited inspection fee on 10.12.2013 on issuance of the letter dated 19.6.2013 by the respondent -University but no inspection was carried out nor any affiliation was granted for the year 2014 -15. Though the petitioner was asked to deposit security deposit also by the same letter dated 19.6.2013 of the University, the petitioner did not consider it necessary to deposit the same as the security deposit is to be made only after grant of permanent affiliation. It is also the petitioner's case that before granting affiliation for academic sessions 2011 -12 and 2013 -14 such a demand was made but though the petitioner did not deposit the security deposit, the University never made any issue about it. Despite request made by the petitioner on 27.3.2014 for grant of permanent affiliation for the academic sessions 2014 -15 and a reminder through letter dated 8.7.2014, the respondent -University did not grant permanent affiliation to the petitioner -college, which was the reason for approaching the writ Court.
(3.) THE stand of the respondent -University and the State are that the petitioner was repeatedly asked to deposit the security deposit of Rs. 5.00 lacs, which he did not do. Earlier also the petitioner -college had been asked to deposit the security deposit of Rs. 5.00 lacs, which had not been complied with. It is also their case that the affiliation granted earlier was subject to several conditions including appointment of lecturers and admission of students after following the guidelines. A permanent affiliation can only be granted after proper inspection. The petitioner, however, failed to make the necessary security deposit. The respondent -State and the University both have relied upon the mandatory time schedule prescribed by the Hon'ble Supreme Court as rendered in the case of Maa Vaishno Devi Mahila Mahavidyalaya Vs. State of Uttar Pradesh & others, reported in : 2013(2) SCC 617. It is their case that proposal for grant of affiliation has to be submitted on or before 20.3.2014, which it did not comply with.;