Uttaranchal Dental and Medical Research Institute vs State of Uttarakhand

Alok Singh, J.—Petitioner College is affiliated with Hemwati Nandan Bahuguna Central University and has not been de-affiliated as yet. Learned Counsel for the petitioner submits that State University cannot compel the petitioner college to get affiliation with the State University only. He further contends that earlier Central University was pleased to grant affiliation to the petitioner college on the yearly basis, therefore, Central University may be directed to decide the application of the petitioner granting affiliation for the academic session 2014-15 and meanwhile, State University may be restrained in compelling the petitioner to take affiliation from the State University. This Court in (M/S), Shri Guru Ram Rai, Institute of Medical and Health Sciences, Patel Nagar, Dehradun v. State of Uttarakhand and others Writ Petition No. 950 of 2014 has held as under:-

"In my further opinion, there is no time prescribed under sub-section (2) of section 4 of the Act, 2014 to make application for the affiliation with the Medical University nor any specific time is provided under sub-section (2) of section 4 of the Act, 2014 as to within what time after moving the application for affiliation, affiliation shall be granted. Rather proviso to section 4 of the Act, 2014 demonstrates that till affiliation is granted by the Medical University, college or institution shall remain affiliated with the erstwhile University and erstwhile University shall hold examination and grant degree and distinction to the students pursing the medical science studies with the college or institution concerned."

Perusal of Act, 2014 or Central Universities Act, 2009 would show that there is no provision made in either of the Acts that on creation of the Medical University, affiliation granted by the erstwhile University shall stand automatically revoked or college or institution shall stand de-affiliated w.e.f. any particular date. Rather as per section 4(f) of the Central Universities Act, affiliation earlier granted shall continue with the Central University.

Neither Medical University nor its Chancellor nor State Government has been given any power to de-affiliate the institution/college from the Central University and to pressurize the institution/college to have affiliation with the State Medical University. Moreover, there is no provision either in the Central University Act, 2009 or in the Hemwati Nandan Bahuguna Medical University Act, 2014 that after the creation of State Medical University, affiliation granted by the Central University shall stand ceased/revoked.

In view of the observation made hereinbefore, I direct that Central University, i.e., respondent No. 2 to take appropriate decision on the application of the petitioner for grant of affiliation for the academic session 2014-15 too in accordance with law within one week from today and meanwhile respondent No. 3 shall not interfere in the working of the petitioner college.

Let counter-affidavit be filed by the respondents within three weeks. Rejoinder affidavit, if any, may be filed within one week thereafter. CLMA No. 4590 of 2014 stands disposed of accordingly.