Rehan Public Shikshan Sansthan @APPELLANT@Hash Pandit Deendayal Upadhyaya Shekhawati University

Counsel for the petitioner submits that the issue involved in this writ petition is squarely covered by the judgment passed by this Court in the matter

of Gurukul Shikshan Sansthan Vs. Pandit Deendayal Upadhyaya Shekhawati University, S.B. Civil Writ Petition No. 14410/2018 divided on 6.8.2018,

wherein, it has been held as under:-

“Instant writ petition has been filed by the petitioner with the following prayers:-

“It is, therefore, most humbly prayed that this writ petition may be accepted and allowed and the Honorable Court may by issuance of an

appropriate writ, order or any direction in the nature thereof be pleased to;

A. The respondent University of grantaffiliation to the Shekhawati University Law Institute, behind Circuit House, Sikar, managed by the petitioner

Samiti, for Academic Session 2018-19 for 3 years and 5 years LLB courses as mentioned in order of granting NOC dated 8th of June 2018 issued by

the Commissionerate of College Education, Jaipur.

B. Any other order or direction which theHonorable Court may deem fit and proper in the facts and circumstances of the writ petition may also be

passed in favour of the petitionerâ€​.

Counsel for the petitioner submitted that the State Government vide order dated 8-62018 issued the NOC for starting of new Law College from the

Session 2018-19 to 2020-21. Counsel further submitted that despite grant of NOC by the state Government, the respondent University is not granting

affiliation. Counsel further submits that once the NOC has been granted by the State Government then the University cannot oppose for grant of

affiliation. Counsel further submits that the petitioner has deposited the required affiliation fee/charges with the respondent University.

In support of the contentions, counsel for the petitioner relied upon the order passed by the Co-ordinate Bench of this Court in the matter of Shri

Bhagwan Das Todi College Vs. Pandit Deendayal Upadhyaya Shekhawati University, S.B. Civil Writ Petition No.15556/2018, decided on 1-8-2018,

wherein it has been as under:-

“The issue in this petition is with regard to grant of affiliation to the petitioner-College for academic Session 2018-19 following the grant of

permanent NOC for the new subjects/faculties by the Commissionerate of College Education vide order dated 17th May, 2018.

Th process for grant of affiliation for the academic session 2018-19 was a matter of contest between the Colleges seeking affiliation and the

respondent-University on the ground of mandatory requisite endowment fund of Rs.35.00 lakhs for professional courses and Rs.15.00 lakhs for

graduate courses. The dispute was taken to this Court but during the pendency of the writ petition, vide Notification dated 30.6.2018, the endowment

fund has been reduced to Rs.3.5 lakhs for professional courses and Rs.3.00 lakh for graduate courses.

Mr. Vijay Poonia, counsel appearing for the petitioner college has prayed that in the circumstances the respondent University be directed to

consider the petitioner-College’s application for grant of affiliation for new subjects for the academic session 2018-19 in view of the permanent

NOC in regard thereto issued by the Commissionerate of College Education on 17th May, 2018.

Mr. Kanishk Gupta appearing for the respondent-University submitted that in the event the petitioner-College would file an application for affiliation

for new subjects for the academic session 2018-19 only supported by requisite documents, the said application would be considered on its merit and in

terms of the procedure prescribed therefore and decided within four weeks of its receipt. The petition stands disposed of accordingly.â€​

Counsel for the respondent University submits that according to the policy of the State Government no NOC for opening of new Law College can be

issue dafter 31.5.2018, therefore they have not granted affiliation to the petitioner institution.

Heard learned counsel for the parties and perused the material on record.

The argument raised by counsel for the respondent is not acceptable in view of the fact that the State Government itself has granted NOC in favour

of the petitioner institution vide order dated 8-6-2018 and in my considered view once the State Government has relaxed the condition with regard to

issuance of NOC then it is not open for the University to object in granting affiliation to the petitioner institution on this ground.

In that view of the matter, the writ petition deserves acceptance.

Consequently, the writ petition stands allowed and the respondent University is directed to grant affiliation in favour of the petitioner institution for

running of law college for the academic session 2018-19 subject to depositing the required fee/charges by the petitioner institution.â€​

Counsel for the respondent has not disputed, the submissions made by the counsel for the petitioner. Counsel for the respondent further submits that

the affiliation will be granted subject to inspection of the petitioner-Institution.

In that view of the matter, the writ petition stands allowed and the respondent-University is directed to grant affiliation in favour of the petitioner-

Institution for running of new Degree College for the academic Sessions 2018-19 subject to depositing the required fee/charges by the petitioner-

institution and after inspection being carried out by the respondent-University within a period of three weeks.

Consequently, the writ petition stands allowed.