Committee of Management, Shri Shaligram Sharma (P.G.) Smarak College and Pradeep Tiyagi Vs State of U.P.

Allahabad High Court 19 Apr 2006 Civil Miscellaneous Writ Petition No. 21473 of 2006 (2006) 04 AHC CK 0134
Bench: Single Bench

Judgement Snapshot

Case Number

Civil Miscellaneous Writ Petition No. 21473 of 2006

Hon'ble Bench

Rakesh Tiwari, J

Advocates

Ashok Khare and S.K. Srivastava, for the Appellant; Anurag Khanna and Neeraj Tripathi and S.C., for the Respondent

Judgement Text

Translate:

Rajesh Tiwari, J.@mdashHeard counsel for the parties and perused the record.

2. Shri Shaligram Sharma Smarak (P.G.) College, Rasna, Meerut (hereinafter referred to as the College) was granted affiliation under self-financing scheme in 1997 fur running Master of Arts course in Hindi and English subjects. The college is affiliated to Chaudhary Charan Singh University, Meerut.

3. It is submitted that the Chancellor granted temporary affiliation to the college for a period of two years from 1.7.2001 for courses in M.A. History and Home Science, which was communicated by the University on 13.7.2001. Consequently students were admitted and had undergone studies in M.A. History and Home Science in each of the academic sessions from the academic sessions 2001-2002.

4. The Chancellor vide orders dated 12.9.2003 and 23.9.2003 extended temporary affiliation to the college in the subject of M.A. in Hindi, English, History and Home Science for a further period of two years w.e.f. 1.7.2003. A panel was appointed by the University for inspection of the college for recommending permanent affiliation for M.A. course in the aforesaid subjects of Hindi, English, History and Home Science. The college was inspected by the panel and a recommendation was made by the University to the Chancellor for sanction of affiliation to the college for all the above four subjects. The papers are said to have been duly forwarded by the respondent University to the Chancellor Secretariat for passing appropriate orders in this regard.

5. It appears that there is no teacher holding requisite qualification i.e. degree M.Phil, or NET in Home science subject which is minimum qualification required, as such some queries were made in this regard by the Registrar of the University in this regard. The Chancellor Secretariat vide order dated 7.12.2005 granted affiliation to the college for the course of M.A. in Hindi, English and History except to the course of M.A. in Home Science.

6. The college has now come up in this writ petition on the ground that the forms of the students of M.A. Home Science stream who had been admitted by it were submitted to the University but the University has not granted any permission to these students to appear in the examination for session 2005-06.

7. The counsel for the respondents submits that the examinations have already started and the students who had been admitted by the college till the temporary affiliation was in force have been permitted by the University to appear in the examination but those students who were given admission after the period of temporary affiliation had elapsed, have not been permitted to appear in the examination by the University as such the Chancellor has not passed any order for affiliation to the college in M.A. Home Science.

8. Admittedly, the students of Home Science Ist year have not been permitted to appear in the examination on 15.4.2006. None of the students has come up before this Court in the writ petition, which has been filed by the Committee of Management of the Institution through its Manager. Till today the examinations of two papers have already been held by the University and students in only two papers remains to be examined. Regard may also be had to the facts that the Chancellor had granted affiliation to the college for the course of M.A. in Hindi, English and history except Home Science vide order dated 7.12.2005 and the Chancellor Secretariat also sent communication to the petitioner college, but it did not take any timely action. The college has come up in this writ petition after four months when examinations of two papers of the students have already been held. No practical and effective relief can be granted to the petitioners. The petitioners pray that they may be permitted to move a representation before the Chancellor Chaudhary Charan Singh, University, Meerut for consideration of grant of affiliation to the college for M.A. Home Science subject.

9. The writ petition is therefore, disposed of finally with a direction that in case the petitioners move a representation for grant of affiliation to the college in Home Science subject before the Chancellor U.P. Lucknow within two weeks from today, the Chancellor is requested to sympathetically consider the case of the students regarding affiliation to the college in M.A. Home Science and also who have not been able to appear in session 2005-06 and pass a reasoned and speaking order, in accordance with law after giving an opportunity of hearing to the parties concerned within a period of one month thereafter. In case the Chancellor grants affiliation to the college in Home Science subject, the students may be permitted to appear in the examination forthwith. Dated 19.4.2006

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