Uttaranchal Dental And Medical Research Institute, Majri Grant vs Registrar, Hemwati Nandan Bahuguna Garhwal University & Another

Alok Singh, J

1) By means of present writ petition, the petitioner seeks following reliefs, among others:

"(i) issue a writ, order or direction in the nature of mandamus commanding the respondents to consider and grant the affiliation to the petitioner institute for four courses i.e. Conservative Dentistry and Endodontics, Orthodontics and Dentofacial Orthopedics, Periodontology and Prosthodontics and Crown and Bridge for the academic session 2018-19.

(ii) issue a writ, order or direction in the nature of mandamus commanding the respondents to consider and decide the representation of the petitioner submitted for the grant of the affiliation to the petitioner institute for the four courses i.e. Conservative Dentistry and Endodontics, Orthodontics and Dentofacial Orthopedics, Periodontology and Prosthodontics and Crown and Bridge for the academic session 2018-19."

2) The core issue involved in this matter is that the affiliation is not being granted to the petitioner for the above-mentioned courses for the academic session 2018-2019. Earlier, in the year 2015, the consent of affiliation was granted to the petitioner for the Post Graduate courses, i.e., Conservative Dentistry and Endodontics, Orthodontics and Dentofacial Orthopedics, Periodontology, Prosthodontics, Crown & Bridge. Thereafter, the Government of India, Ministry of Health & Family Welfare conveyed the permission to the petitioner for starting P.G. course for the academic session 2015-2016. Thereafter, on 01.03.2016, the Central Government granted permission for the academic session 2016-2017. Vide order dated 09.08.2016, the HNB Garhwal University, Srinagar provided the letter of temporary affiliation to the petitioner for the academic session 2016-2017. On 30.12.2016, the Central Government accorded permission for the second year MDS course for the above mentioned four courses for the academic session 2017-2018. Thereafter, on 21.08.2017, the HNB Garhwal University provided the order of temporary affiliation to the petitioner for the academic session 2017-2018. Vide communication dated 24.01.2018, the Central Government provided permission to the petitioner for the academic session 2018-19. The petitioner institute on 08.05.2018 requested the HNB Garhwal University to provide the letter of affiliation to the petitioner for the academic session 2018-19. Thereafter, several letters have been sent by the petitioner to the HNB Garhwal University for grant of temporary affiliation to the petitioner institute, but till date, no decision has been taken by the respondents. By means of representation dated 31.08.2018 submitted by the petitioner, the University was requested to arrange for the proceedings of inspection so that affiliation for the year 2018-19 could be done. Pursuant to this, the University informed the petitioner that for the academic session 2018-19, the Executive Council of the University has not taken any decision and, as soon as a decision is taken by the Executive Council, further proceedings for grant of temporary affiliation would be done.

3) A short counter affidavit has been filed by the University stating therein that on 12.05.2018, the Executive Council of the University has resolved to constitute a committee under the convenership of Dr. Manoj Agarwal, Member, Executive Council, Prof. N. Singh, Member, Executive Committee and Dr. Banadana Jha, Member, Executive Council to look into all affairs of the affiliation and recommend the line of action to be taken by the University in the process of disaffiliation of affiliated college and, till such time, the University should not constitute any panel of inspection for extension of affiliation.

4) Learned counsel for the respondents has submitted that as per Regulation 4.10 and 5.1 of the U.G.C. (Affiliation of Colleges by Universities) Regulation 2009, initially, the University has to grant temporary affiliation on a year to year basis and if college has completed at least 5 years satisfactory performance, after getting the temporary affiliation, and has attained academic and administrative standards, as prescribed by University / UGC / Regulatory Body concerned, permanent affiliation can be granted to such college.

5) In the communication dated 25.09.2018 (Annexure-13 to the writ petition), the University has stated that the decision for affiliation of the petitioner institute had not been taken by the Executive Council. Vide communication dated 09.01.2019 (Annexure-18 to the writ petition) addressed to the petitioner, the University has informed the petitioner institute that regarding affiliation of college for the academic year 2018-2019, the matter has been kept pending due to decision awaited from the Executive Council and the examination of 2018-19 batch will be held on the basis of sanctioned seats in particular course of 2017-18.

6) Considering the resolution passed by the Executive Council of the University whereby a committee was constituted to look into all affairs of the affiliation and having gone through the Regulations 4.10, this Court is of the considered opinion that the University is duty bound to grant affiliation to the institution till recognition stands valid and good.

7) As the matter regarding grant of affiliation has been hanging fire since long and the students would be in a dilemma, this Court hope that the respondents, including other functionaries involved in the process of affiliation, will act with the sense of urgency so that the time schedule is rightly followed.

8) Keeping in view the aforesaid discussions, the writ petition is disposed of by directing the respondents to consider the case of the petitioner regarding affiliation for the above-mentioned courses for the academic session 2018-2019, in accordance with law, as expeditiously as possible, preferably within a period of thirty days from the date of production of a certified copy of this order. No order as to costs.