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Judgment
The controversy in the present petition, relates to affiliation of Petitioner Institution. Earlier, the Writ Petition No. 10651 (M/B) of 2010 was filed by the Petitioner which was finally disposed of by the judgment and order dated 29.10.2010.
The perusal of the judgment and order dated 29.10.2010 shows that the Vice-Chancellor of Lucknow University has recommended in favour of the Petitioner'' Institution for grant of affiliation to run the B. Ed. Course but the Executive Council is sitting over the matter. Though the Division Bench noted that even if extra classes are permitted to run, the Petitioner''s Institution shall not be able to complete the course to the satisfaction of NCTE, but it is observed that subject to satisfaction, the Respondent University may consider the Petitioner''s case for grant of affiliation.
Sri S.P. Shukla learned Counsel for the Respondent University submits that earlier, on 14.10.2010, to consider Petitioner''s case, the Vice-Chancellor has notified the meeting to the Executive Council but the same could not be held. The argument of Sri S.P. Shukla, learned Counsel seems to be misconceived. Earlier, the direction was issued prior to passing the order dated 29.10.2010. After passing the judgment by the Division Bench of this Court, it was incumbent on Vice-Chancellor to notify the meeting of Executive Council to consider Petitioner''s case. Attention has been invited to Chapter II-A of State Universities Statutes of which para-3.07 provides that meeting of Executive Council shall be called under the direction of Vice-Chancellor. Accordingly, after 20.10.2010, the vice-Chancellor of the Respondent University should have called the meeting of the Executive Council for consideration of Petitioner''s case but it appears that after said date, no action has been taken by the Vice-Chancellor.
By the order dated 25.11.2010, Division Bench of this Court had directed the Vice-Chancellor to take action in compliance of earlier judgment but an affidavit has been filed by the Registrar of the University inviting attention towards earlier decision with regard to meeting of Executive Council.
It appears that Vice-Chancellor has not notified meeting of Executive Council after the Division Bench judgment. By the order dated 25.11.2010, this Court had directed for compliance of the earlier judgment by the Vice-Chancellor or to appear in person.
Today, the Vice-Chancellor seems to have not filed an affidavit. Rather, the affidavit has been filed by the Registrar. No exemption application has been moved by the Vice-Chancellor. Such action on the part of Vice-Chancellor, seems to be not in good taste. Either Vice-Chancellor should have appeared or he should have moved an application for exemption explaining the action taken in pursuance of the judgment of the Division Bench, dated 29.10.2010.
As a last opportunity, we direct the Vice-Chancellor to notify the meeting of Executive Council within two days or shall appear in person on 7.12.2010 before this Court and show cause why this Court may not proceed against him u/s 215 of the Constitution of India.
Put up on 7.12.2010.
A certified copy of this order be given to parties counsel by tomorrow on usual charges.