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Judgment
Heard Mr. Chandra Shekar Joshi, learned counsel for the petitioner, Mr. Rajeev Singh Bisht, learned counsel holding brief of Mr. Naveen Chandra Paneru, learned counsel for the respondent no.1 and Mr. Yogesh Pandey, learned Deputy Advocate General for the State/respondent nos.2 and 3.
The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India for the following reliefs:-
“(i)To Issue an appropriate writ, order, or direction and set aside the effect of letter no K.U/Manyata(Prabhut)/2025/18 dated 08/04/2025 issued by the Registrar, Kumaun University Nainital and further declaring the imposition of ₹15,00,000 as a security deposit for B.Sc (Physics, Chemistry & Maths) B.Sc (Zoology, Botany, Chemistry) and BA (Hindi, English, Sociology, Education, Home Science, Sanskrit, Economics, Drawing, Geography & History) & Μ.Α ( Hindi, English, Education and Home Science) Course affiliation process as arbitrary, Irrational, and in violation of the Kumaun University Guidelines regarding Affiliation and security deposits and quash the same (Annexure No.2, page no.20).
(ii)To issue an appropriate writ order or direction in the nature of mandamus Directing respondent no. 1 to adhere to the security deposit prescribed in Kumaun University Guidelines applicable till academic session 2024-25 regarding Affiliation and security deposits and further direct the respondent no. 1 to continue the inspection process for academic year 2025-2026 and ensure timely completion of affiliation process of the college.
(iii)Issue a suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”
Learned counsel for the petitioner submits that a Division Bench of this Court in Special Appeal No. 657 of 2019, “Aim Institute of Hotel Management & Another vs. State Information Commission & Others” has decided the similar issue, therefore, this writ petition also deserves to be decided in terms of the judgment rendered in the above special appeal. The Division Bench of this Court in para no.7 of the Special Appeal No.657 of 2019 has held as hereunder:-
“7.Since these are all matters for the University to decide in the first instance, suffice it to modify the order of the learned Single Judge and permit the appellants-writ petitioners to make a representation to the Registrar of the University who shall examine whether the G.O. dated 14.12.2016 would apply to the University, pass a reasoned order on the appellants' representation, and communicate his decision to the appellants-writ petitioners with utmost expedition and, in any event, not later than two months from the date of production of a certified copy of this order. Suffice it to make it clear that, in case, the Registrar is satisfied. for reasons to be recorded in writing, that the said G.O. dated 14.12.2016 does not apply to the University, to then consider the appellants-writ petitioners request for grant of affiliation by collecting the fees prescribed in its affiliation regulations.”
Mr. Rajeev Singh Bisht, learned counsel for the respondent no.1 – University and Mr. Yogesh Pande, learned Deputy Advocate General for the respondent nos.2 and 3 concede that the issue involved in the present writ petition is covered by the judgment rendered by the Division Bench in Special Appeal No. 657 of 2019.
In view of the consensus between learned counsel for the parties, the present writ petition is disposed of in terms of the judgment dated 10.07.2019, rendered in Special Appeal No. 657 of 2019.
The petitioner is granted liberty to make a representation to the Competent Authority in the Kumaun University, and the said representation shall be decided by the Competent Authority within a period of two months from the date of presentation of the certified copy of this order.
Pending application(s), if any, stands disposed of accordingly.