AI Structured Summary
Not yet generated for this judgment
Judgment
B. S. Bhanumathi, J
This writ petition is filed by the petitioners under article 226 of Constitution of India, for the following relief in the main Petition:
“… It is prayed that this Hon’ble Court may be pleased to issue Writ, order or direction preferably one in the nature of Writ of Mandamus” declaring the action of the respondents more particularly the 2nd and 3rd respondents herein in failing to consider grant of affiliation to the 1st petitioner College for B.A, B.Com and B.Sc., courses in various subjects for the academic years 2022-2023 as being illegal, arbitrary and in violation of Articles 14, 19 (1) (a), 19 (1) (g) and 21-A of Constitution of India, and consequently direct the 2nd and 3rd respondents herein to consider the grant of affiliation to the 1st petitioner College for B.A, B.Com and B.Sc., Degree courses in various subjects for the academic years 2022-2023 and pass such other order or orders as this Hon’ble Court may deems fit in the circumstances of the case.
Heard Ms. P. Vandana, learned counsel for the petitioners, the learned Government Pleader for Higher Education representing respondent No.1, Ms. Y. Ratna Prabha, learned Standing Counsel for respondents 2 and 3.
The learned counsel for the writ petitioners submitted that in spite of making detailed application in July-2022 itself and even thereafter submitting representation after representation, recently a fresh representation on 15.10.2022 also, to the 1st respondent, (the application dt.15.10.2022 is not filed before this court, but it has been shown across the bench), the respondents failed to respond or give reply.
The learned counsels for Respondents 2 & 3 submitted that the state Higher Education council which would handle the web portal ought to have been made a party. It is further submitted that the petitioners have submitted a representation on 27.09.2022 stating that till the last academic year, it was a private aided college and now it turned to be a private unaided Degree College for the Academic year 2022-2023. Therefore, learned counsels for the respondents contended that since the rules for affiliation would depend on the aid from the state to the colleges, different rules apply for both types of colleges and that the petitioner cannot fall back on the previous recognition granted as a private aided college. It is further represented in that letter dated 27.09.2022 that the college is being run with two clerks and two attenders and that they (the petitioners) are new to this and their latest contacts were not shared and that the college was in some confusion regarding whether it should go as a private aided or private unaided college.
As per Rule 3 (2) of Regulation 3 of University Grants Commission (Affiliation of Colleges by Universities) Regulations, 2009 certain criteria shall be shown by the College proposed to be run unaided, some of them mainly include that the college must be managed by a duly constituted and registered Society or Trust, they must also satisfy the University that adequate financial position is available for running college for at least three years without any external sources etc., and it must also ensure it has adequate recurring income from its own sources. As of now, the petitioner has not placed any such material before this court, which has been supplied by the petitioners to the University. The learned counsel for the petitioners submitted that all the required material was submitted along with the application given in July-2022. She argued that since the respondents failed to give reply or reject their application in spite of repeated representations, the petitioners have no chance to give reply or satisfy the concerned authority.
The learned counsels for the respondents 2 & 3 submitted that since the matter has come up in yesterday’s lunch motion; they could not get instructions from their client and yesterday only, they received oral instructions and they need some more time to file a detailed counter. It is further represented that when the petitioners have given a representation on 28.09.2022, the petitioners know that the name of the college has not been reflected in the Web portal, then the petitioners have approached the court at the last moment.
The learned counsel for the petitioners submitted that the registration has commenced from 21.10.2022 to 27.10.2022 and the online verification of pending certificates is scheduled from 25.10.2022 to 27.10.2022 and the exercising of Web options is between 28.10.2022 to 31.10.2022 and thus they approached this court on 27.10.2022 as the preceding days fall in holidays to Court. Since the petitioners have not filed any material, to prima facie establish that criteria required under the Regulation 3.2 or any other relevant provision has been satisfied by it, this court is of the view that a detailed counter is required.
At this juncture, the learned counsel for the petitioners submitted that an opportunity may be given to the petitioners to move a fresh application for grant of temporary affiliation and the respondents may be directed to dispose of application as per law and requested this court, to finally dispose of the Writ petition.
However, the learned counsels for the respondents 2 & 3 submitted that they need some time to formulate a committee and dispose of the application.
But, since the time for counseling through Web options closes by 31.10.2022, long time cannot be given. Under these circumstances, since already application was submitted by the writ petitioner and it is pending for scrutiny, if the respondents concerned require information or additional material, the same shall be submitted by the petitioners as per the rules and Regulations and the application be disposed.
Thus, accordingly the Writ petition is disposed of, directing the respondents to dispose of the application of the petitioners already submitted seeking temporary affiliation for the academic year 2022-2023, as early as possible, before closure of exercise of Web options by providing an opportunity to the petitioners to submit additional material, if any required.
Miscellaneous Applications, if any pending, also stand disposed of.