NAVODAYA EDUCATION TRUST RAICHUR Vs. STATE

JUDGEMENT

(1.) Though this appeal is listed today for preliminary hearing, with consent of learned advocates it is taken up for final hearing.

(2.) The appellant Navodaya Education Trust is running many educational institutions in the District of Raichur. In one of its colleges it is conducting 'B' Pharma, 'D' Pharma and Diploma in Nursing courses. It wanted to start B.Sc., Nursing Course from the academic year 1993-94. Therefore, it made an application for affiliation of that college in respect to that course to the 2nd respondent Gulbarga University under Sec. 53 of the Karnataka Universities Act. The University forwarded the application and the relevant documents along with its recommendations to grant affiliation from the academic year 1993-94, to the Government on 1-4-93. The State Government after making an enquiry recommended on 17-9-93 to grant affiliation. The appellant brought to the notice of the University the said recommendation soon thereafter. It also admitted students between 14-12-1993 and 21-12-1993 as the last date fixed for admitting students was 31-12-93. The University granted affiliation on 7-4-94 not from the academic year 1993-94 but from the year 1994-95. It also returned on 7-5-1994 the list of students submitted by the appellant on the ground that it was granted affiliation only from the academic year 1994-95 and not from 1993-94. The appellant therefore filed a petition in this Court under Art. 226 of the Constitution challenging the said action of the University and also the notification dt.7-4-94 whereby affiliation was granted from the year 1994-95. The learned single Judge dismissed the petition. Hence this appeal.

(3.) What is contended by the learned counsel appearing for the appellant was that under S. 53(5) of the Act, the University has to grant affiliation as recommended by the Government and therefore in this case it was not open to the University to grant affiliation from the academic year 1994-95 and not from 1993-94. On the other hand it was contended by the learned Advocate appearing for the University that though the State Government had recommended that affiliation should be granted from the year 1993-94 the University did not receive from the Government any communication till April 1994 and by the time it was received the academic year was about to be over and it was for the reason that the University granted recognition from the academic year 1994-95. In order to appreciate the rival contentions it is necessary to refer sub-sec. (5) of S. 53 of the Act, which reads as follows: