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Judgment
B.S. Verma, J.—Heard learned Counsel for the parties and perused the record.
By means of this writ petition, the Petitioner has sought a writ in the nature of certiorari quashing the order dated 3-9-2010 (Annexure-10 to the petition), issued by Registrar, H.N.B. Garhwal Central University, Srinagar, Garhwal, whereby intimation was given to the Petitioner-institution to make inspection in order to extend the affiliation.
Brief facts, giving rise to the present writ petition, according to the Petitioner, are that the Petitioner is an institution, which is being run, managed and controlled by the registered society, namely Sri Om Prakash and Smt. Sita Devi Memorial Society. Smt. Anju Sharma is the Managing Director of the said society. Earlier the Petitioner institution was affiliated to the Hemwati Nandan Bahuguna Garhwal University. Subsequently, under the provisions of the Central Universities Act, 2009, the said University got the status of a Central University and as per Section 4(f) of the aforesaid Act, "all Colleges, Institutions, Schools or Faculties and Departments, affiliated to, or admitted to the privileges of, or maintained by Guru Ghasidas Vishwavidyalalya, Doctor Harsingh Gaur Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University shall stand affiliated to, or admitted to the privileges of, or maintained by Guru Ghasidas Vishwavidyalaya, Doctor Harsingh Gaur Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act." On the basis of a report of the Legal Education Committee on 15-9-2009 the Respondent No. 3-Bar Council of India passed an order, by which approval of affiliation of Petitioner to run law course with intake of two sections of 60 students each was extended for a further period of three years from the academic session 2009-10 to academic session 2011-12 in terms and conditions of the Bar Council of India Rules. Copy of letter/order dated 15-9-2009 has been annexed by the Petitioner as Annexure-6 to the writ petition.
Thereafter the Respondent No. 2 issued a letter to the Petitioner-institution, stating therein that the temporary affiliation of the institution with intake of 80 seats of each section of law course has been extended for the session 2009-10 with certain condition. Again on 29-5-2010, the Respondent No. 2 issued an office order, constituting an inspection committee for inspection of the Petitioner-institution for extension of affiliation and the said committee was directed to submit its report within 15 days.
It is specifically stated in paragraph No. 11 of the petition that affiliation is always of permanent in nature and there is no provision of law for extension of affiliation, therefore, the Petitioner institution filed a representation before the Respondent No. 2 through registered post bon 10-6-2010 requesting the University not to compel the Petitioner-institution to get its affiliation extended every year. The representation was disposed of on 3-9-2010 on the ground that the University has power to inspect the institution as per the Bar Council of India Rules 2009.
According to the Petitioner, the Bar Council of India is the final authority to grant approval of affiliation, whereas the Respondent No. 2 is only the examining body. The affiliation from the Respondent No. 2 is only formal in nature, which does not require any extension from the Respondent No. 2, but the action of Respondent No. 2 compelling the Petitioner to get its affiliation extended every years is totally illegal, arbitrary and without any jurisdiction.
Reliance has been placed by the Petitioner upon the judgment of the Apex Court in the case of State of Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and others AIR 2006 SCW 2048. This case law is of no help to the Petitioner since it pertains to the provisions under the N.C.T.E. Act.
Counter affidavit has been filed by the Respondent No. 2, a specific stand has been taken that the University has power to make inspection of the Petitioner-institution in view of the provisions of Rules 16 and 19 of the Bar Council of India Rules.
I have perused Rule 16 and Rule 19 of the said Rules. Rule 16 deals with conditions for a University to affiliate a Centre of Legal Education. Rule 16(1)(viii) reads as under:
16(1)(viii) all other conditions of affiliation under the University rules as well as the Bar Council of India Rules are complied with.
Sub-rule (iii) of Rule 19 of the Bar Council of India Rules provides as under:
(iii) Surprise Inspection: Surprise inspection means inspection conducted by University/Bar Council of India anytime without giving notice to the Centre of Legal Education.
In the rejoinder affidavit, it has been reiterated that the Statutory Body is the Bar Council of India, whereas the Respondent No. 2-University is only the examining body. The Petitioner institution is complying with the orders/directions of Respondent No. 3 as per provisions of law.
The Petitioner-institution is a Legal Education Centre, therefore, the provisions of Rules 16 and 19 of the Bar Council of India Rules shall prevail in the case at hand.
In view of the provisions of Rules 16 of 19 of the Bar Council of India Rules, the Petitioner institution cannot insist upon the University concerned not to make inspection of the Legal Education Centre. So far as the contention of the learned Counsel for the Petitioner that the affiliation cannot be of temporary nature is concerned, the affiliation was granted to the Petitioner one year prior and the period of the affiliation has expired. Undisputedly, there is no affiliation in favour of the Petitioner as on today, which is to be granted by the University after again making an inspection in accordance with Rules 16 and 19 of the Bar Council of India Rules, referred to above.
In the facts and circumstances of the case after hearing the learned Counsel for the parties, the writ petition is disposed of with the direction that the Respondent-University shall make an inspection of the Petitioner-institution and shall take a decision on the point of affiliation for the session 2010-2011 strictly in accordance with the Bar Council of India Rules within a period of two weeks, from the date of production of a certified copy of this order.
A certified copy of this order be issued to the learned Counsel for the parties by Monday i.e. 13-12-2010, on payment of usual charged.