MEHTAB AKAM KHA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The petitioners have approached this Court for a writ of certiorari for quashing the impugned communication dated Novembier 1, 1995 issued by University of Delhi, respondent No. I, refusing to grant affiliation to Priyadarshani College of Computer, respondent No. 2.

(2.) The petitioners are the students of the said College which, it is alleged, was registered under the Societies Registration Act on December 24,1990 for imparting education in the field of Computer Science. It is a four years course and each year is divided into two semesters. Thus, the students admitted in the fir stbatch are presently, it is alleged, studying in VIII Semester and are soon going to complete the above said four years course. Respondent No. 3 is a statutory body vested with the Authority for formulation of norms and standards, maintaining paritty of certification and awards etc. and for ensuring coordination and integrated disvelopment of technical and management education. The said respondent is also to grant approval for starting new technical institutions, introduction of new courses and programmes. In the year 1991 respondent No. 2 applied for recognition and for affiliation to the University of Delhi which has not been granted till date. It is further stated that respondent No. 3, .however, granted approval. The University of Delhi vide communication dated November 1, 1995 wrote to respondent College as follows:

(3.) The admitted fact, however, is that the University of Delhi has not granted recognition to respondent No. 2 college as it had failed to fulfil the conditions laid down in the Vice Chancellor's letter as stated above. The students, including the petitioners who have put in years of study in the College have, therefore, been left without any appropriate degree which could be awarded if they had been enrolled in a recognised Institute. They are, therefore, placed in a predicament that though they studied for completion of the Course no degree could be awarded to them. The respondent college has obviously acted in an irresponsible manner to advertise for admission without taking adequate steps to obtain affiliation from the University of Delhi. In this background, the learned Counsel for the petitioners has fairly conceded that this writ petition against the University of Delhi cannot succeed as no full compliance has been made to the conditions as laid down by the University of Delhi for recognition and affiliation. He, however, contends that the Rohilkh and University, Bareilly is willing to grant affiliation to respondent College and a communication dated January 9, 1996 in this regard has been received from that University. The same reads as follows: