Uttarakhand High Court

Appellants vs Dolphin (Pg) Institute Of Bio Medical ... on 4 March, 2024

   IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
        HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                          AND
         HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                  04TH MARCH, 2024
         SPECIAL APPEAL No.666 OF 2014

H.N. B Garhwal University and another
                                           ...Appellants
                        Versus

Dolphin (PG) Institute of Bio Medical and Natural
Sciences and others

                                         ...Respondents
                     With
         SPECIAL APPEAL No.637 OF 2014

H.N. B Garhwal University and another
                                           ...Appellants
                        Versus

State of Uttarakhand and others          ...Respondents

                     With
         SPECIAL APPEAL No.667 OF 2014

H.N. B Garhwal University and another
                                           ...Appellants
                        Versus

Doon (P.G.) Para Medical College and Hospital and
another

                                         ...Respondents
                     With
         SPECIAL APPEAL No.668 OF 2014

H.N. B Garhwal University and another
                                           ...Appellants
                        Versus

Uttaranchal College of Technology and Bio Medical
Sciences and another
                                             ...Respondents

                         with
                SPECIAL APPEAL No.669 OF 2014

H.N. B Garhwal University and another
                                              ...Appellants
                            Versus

Ujjwala Sharma and another

                                            ...Respondents
                     With
         SPECIAL APPEAL No.670 OF 2014

H.N. B Garhwal University and another
                                              ...Appellants
                            Versus

Neelam Bangwal and others

                                            ...Respondents
                     With
         SPECIAL APPEAL No.671 OF 2014

H.N. B Garhwal University and another
                                              ...Appellants
                            Versus

Bikas Dass and others

                                            ...Respondents

                     With
         SPECIAL APPEAL No.677 OF 2014

The Registrar    H.N.   B    Garhwal   University   (Central
University)
                                              ...Appellants
                            Versus

Alphine Institute of Management and Technology and
another

                                            ...Respondents
                            With
                              2
              SPECIAL APPEAL No.678 OF 2014

The Registrar            H.N.   B    Garhwal          University        (Central
University)
                                                                   ...Appellants
                                    Versus

Sai Institute of Para               Medical          and     allied     sciences
Dehradun and another

                                                              ...Respondents



Counsel for the appellant.           :       Mr. Kartikey   Hari    Gupta,   learned
                                             counsel.

Counsel for the State.               :       Mr. K.N. Joshi, learned Deputy
                                             Advocate General, for the State of
                                             Uttarakhand.



JUDGMENT :

(per Ms. Ritu Bahri, C.J.)

Heard learned counsel for the parties.

2. The order dated 04.12.2014, is being modified

as under:-

3. The appellant University was duly governed by

the University Grants Commission, before it was taken

over by the Central Universities Act, 2009. Sub-clause

(f) of section 4 of the Central Universities Act, 2009

reads as under:-

"4. Effect of Establishment of Universities.- On and from the date of commencement of this Act,-

(a)....

(b)...

(c)...

(d)....

(e)...

(f) all colleges, Institutions, Schools or Faculties, and Departments affiliated to, or admitted to the privileges of, or maintained by, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati

Nandan Bahuguna Garhwal University shall stand affiliated to, or admitted to the privileges of, or maintained by, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act.

4. The earlier Rules of affiliation by which the

appellant University was governed was to continue and

the appellant University prior to being taken over by the

Central Universities Act, 2009, was governed by the UGC

[Affiliation of Colleges by Universities) Regulations,

2009. Before the Central Universities Act, 2009, the

appellant University was following the Uttar Pradesh

State Universities Act, 1973. Section 37 relates to the

affiliation and recognition of the Colleges.

5. Learned counsel for the appellant has referred

to section 37 of the Uttar Pradesh State Universities Act,

1973, which relates to the affiliation and recognition,

and he has also referred to the letter of recognition

dated 26.02.2004, which is the part of the writ petition,

where these Uttar Pradesh State Universities Act, 1973,

have been made applicable for granting recognition

under section 37 (2) of the Uttar Pradesh State

Universities Act, 1973. Admittedly recognition has been

given to the appellant University.

6. Hence, this fact is very clear that prior to

coming under the Central Universities Act, 2009, it was

being governed by the Uttar Pradesh State Universities

Act, 1973, as is evident from Annexure No.2, of the writ

petition dated 26.02.2004. He further states that after

the Central Universities Act, 2009, was made applicable,

the appellant University was also governed by the UGC

[Affiliation of Colleges by Universities) Regulations,

2009, and as per regulation 4.10, the appellant

University could grant temporary affiliations on a year to

year basis through inspection process prescribed in the

said Regulation. Regulation 4.10 of the UGC [Affiliation

of Colleges by Universities) Regulations, 2009, reads as

under:-

"4.10. Continuation of temporary affiliation of the programmes of study and the college itself shall be granted by the University on a year to year basis through inspection process prescribed in these Regulations."

7. He further states that in the present case, the

temporary affiliation was initially granted in the year

2004 and till 2019, no extension was granted on a year

to year basis and after 2019 yearly inspection is carried

out and extension is granted every year. For the

purpose of taking permanent affiliation, Regulation 6 of

the UGC [Affiliation of Colleges by Universities)

Regulations, 2009, is applicable, which reads as under:-

"6 Procedure for granting Permanent Affiliation.- 6.1. A college which wishes to get permanent affiliation shall apply to the University any time after completing five years of temporary affiliation in the proforma along with the prescribed fee in the form of Demand Draft drawn in favour of the Registrar of the University.

6.2. The procedure for according permanent affiliation shall be the same as for granting temporary affiliation given in the Regulations. 6.3. If the University decides not to grant permanent affiliation to the college for reasons, to be recorded in writing, of its failure to meet the conditions/requirements for getting such affiliation, the college may apply again if it fulfills the conditions/requirements subsequently, but not earlier than six months from the date of rejection of its earlier application.

8. As per this Regulation any University can

make an application after completing five years of

temporary affiliation. Regulation 8 deals with the

procedure of withdrawal of affiliation.

9. Hence, the main prayer of the learned counsel

for the appellant University is that the judgment of the

learned Single Judge be modified that appellant

University is governed by the UGC (Affiliation of Colleges

by Universities) Regulations, 2009, and year to year

extension has been granted after 2019, and this will not

amount to a permanent affiliation at all. It is the

respondent College, who as per Regulation 6 can make