WPMS/789/2023
2023 Latest Caselaw 810 UK

               Office Notes,
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      Date                                   COURT'S OR JUDGES'S ORDERS
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                                 WPMS 789/2023
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. Bhupesh Kandpal, Advocate, for the petitioner.

Mr. T.S. Phartiyal, Additional CSC, for the State/respondent no. 1.

Dr. Kartikey Hari Gupta, Advocate, for the respondent no. 2.

Mr. Shailendra Nauriyal, Advocate, for the respondent no. 3.

Petitioner is affiliated with Hemwati Nandan Bahuguna Garhwal University. It is imparting education in different paramedical courses, which, according to petitioner, are duly recognised by Uttarakhand Paramedical Council. Grievance raised by petitioner is that students of five paramedical courses, run by petitioner college, will not be permitted to appear in university examination for the academic session 2021- 22, as their examination forms are not being accepted by the university.

Reliance has been placed upon a judgment dated 4.12.2014, rendered by a coordinate Bench of this Court in Writ Petition No. 2550 of 2014 (M/S) and other connected writ petitions, where it has been held as follows:

"There is another important aspect of the matter. Under the Central Universities Act, undisputedly, as on date there is no provision of affiliation and de- affiliation or withdrawal of the affiliation except Section 4(f) of the Act which talk about the transfer of the affiliation with the Central University. Therefore, Central University has absolutely no jurisdiction to compel the petitioner institutes who stood affiliated with the Central University in view of Section 4 (f) with effect from 15.1.2009, either to seek renewal of affiliation or new affiliation.

In the result, all the writ petitions are allowed. Central University is directed to process the applications of the students pursing their studies in different paramedical courses, which were duly affiliated by the State University prior to creation of the Central University and to hold their examinations and to permit the students to appear in the examinations to be held from 5.12.2014 and to declare their results."

University examinations are to commence shortly. Learned Counsel for the petitioner contends that time is of essence and any further delay in acceptance of examination forms of students of petitioner college will cause irreparable injury to them.

In such view of the matter, respondent university is directed to accept the examination forms of students of those five courses, which are mentioned in the relief clause of the writ petition, or to show cause within a period of three weeks.

List on 24.4.2023.

(Manoj Kumar Tiwari, J.) 24.3.2023 Pr