Madhya Pradesh High Court
Shri Ramnath Singh Pashu Chikitsa ... vs The State Of Madhya Pradesh on 27 February, 2021
Author: Sheel Nagu
1 WP.4562.2021
The High Court of Madhya Pradesh
WP.4562.2021
Shri Ramnath Singh Pashu Chikitsa Evam Pashu Vigyan
Mahavidhayalaya
Vs.
State of M.P. & Ors.
Gwalior dated 27.02.2021
Shri R.D. Jain, learned Senior Advocate assisted by Shri Ajay Bhargava,
learned counsel for the petitioner.
Shri Ankur Mody, learned Additional Advocate General for
respondent/State.
1. Writ jurisdiction of this Court u/A.226 of Constitution is invoked praying
for the following reliefs:
"(i) That, the impugned order Annexure P/1 dated 25.01.2021 passed by the
respondent No.3 may kindly be set aside in the interest of justice further respondent
No.3 may kindly be directed to grant the affiliation to the petitioner institution for
the course of Diploma in Animal Husbandry Veterinary Polytechnic Collage for the
academic session 2020-21.
(ii) That, the respondents may also kindly be directed to include the name of the
petitioner institute in the recognized Institute for participating in the counseling of
Diploma in Animal Husbandry Polytechnic Collage seats 90.
(ii) That, respondents further may kindly be directed to allow the petitioner
institution for conduct special counseling in pursuance to recent Hon'ble Apex
Court judgment.
(iii) That, the other relief doing justice including cost be awarded."
2. Petitioner is a college run by a society registered under M.P. Society
Registrikaran Adhiniyam, 1973. Earlier petitioner filed applications for
2 WP.4562.2021
affiliation which were kept pending and no order thereupon was passed by
respondent No.3-University impelling petitioner to prefer WP.18077/2020
which was disposed of on 01.12.2020 vide P/14 with following directions:
"Be that as it may, without commenting on merits of matter, this court deems it
appropriate to dispose of this petition with direction to respondents No. 1 & 2 to
decide applications (Annexures P/8 to P/10 dated 28/7/2020, 2/8/2020 and
5/11/2020) of petitioner subject to petitioner satisfying all legal prerequisites as
expeditiously as possible preferably within a period of one month from the date of
receipt of certified copy of this order.
In case, respondents No. 1 & 2 are not inclined to grant NOC/permission then
speaking order be passed in that regard and communicated to petitioner.
Disposed of accordingly, sans cost. "
2.1 Pursuant to the aforesaid direction of this Court, the NOC was granted in
favour of petitioner by the State vide P/2 dated 13.01.2021. Thereafter
petitioner applied before respondent No.3-University for grant of affiliation
dated 22.01.2021 after depositing requite fee by way of bank draft in terms of
"Rules For Affiliation Of Private Veterinary Polytechnic Offering Two year
Diploma In Animal Husbandry, 2019 (for brevity 2019 Rules)" vide P/3.
Thereafter, the respondent/University by impugned letter dated 25.01.2021 vide
P/1 informed that since process of admission to diploma course in Veterinary
Polytechnic for the academic session 2020-21 has come to an end, the
application for affiliation cannot be accepted. The said letter dated 25.01.2021
is assailed in this petition.
3. Learned Senior Counsel Shri R.D. Jain assisted by Shri Ajay Bhargava,
learned counsel for the petitioner are heard on the question of admission.
4. A bare perusal of the aforesaid 2019 Rules (P/12) reveals that Clause 2 of
3 WP.4562.2021
Chapter IV of 2019 Rules relates to annual provisional affiliation for new
colleges for first year admission, whereby an advisory has been issued to all
applicants who seek affiliation to file their respective applications by the month
of December-January of the preceding academic session to enable the
University to have ample time to process, inspect and affiliate, if found fit.
Relevant Clause 2 of Chapter IV of 2019 Rules is reproduced below for ready
reference and convenience:
"2. Application for Affiliation shall be in the prescribed format
along with Non-Refundable Processing Fee of Rs.50,000/- (Rupees
Fifty thousand only). This application shall be valid for, only
forthcoming academic session. If the applicant fails to obtain
affiliation of the University, it shall have to apply afresh for the next
session, by obtaining fresh prescribed application form and depositing
application fee along with filed application form. Therefore, it is
advised that application for affiliation should be filled by the month of
December-January of the preceding academic session so that the
University gets ample time to process, inspect and affiliate.
Nevertheless, the University does not guarantee any time limit of
process to the applicant."
4.1 There is further bar against admission of students without clear cut
permission/affiliation by University. Relevant Clause 1 of Chapter V is
reproduced below:
"1. The College/Institute shall not be able to admit students for that
session without clear cut permission by the University. The admission
of the students in the private affiliated College/Institute will be as per
the norms set by the University for constituent College/Institute."
5. The record reveals that an application seeking affiliation was filed vide
4 WP.4562.2021
P/3 on 22.01.2021 and therefore the same can be treated only for academic
session 2021-22 as per Clause 2 of Chapter IV of aforesaid 2019 Rules.
5.1 Therefore, the insistence of petitioner that counseling is still on for the
academic session 2020-21 is of no avail as the affiliation application vide P/3 is
meant for academic session 2021-22 and not 2020-21.
6. In view of above, no fault can be found with the impugned letter dated
25.01.2021 vide P/1 of University declining grant of affiliation to the
petitioner/Collage.
7. In case Rules permit, the University is free to treat the application vide
P/3 for 2021-22 session.
8. Accordingly, petition fails and is dismissed sans cost.
(Sheel Nagu) (Anand Pathak)
Judge Judge
ojha
YOGENDRA OJHA
2021.03.02
11:58:05 +05'30'
