BORA INSTITUTE OF MANAGEMENT SCIENCES BAKSHI KA TALAB Vs. LUCKNOW UNIVERSITY LUCKNOW THROUGH IS VICE CHANCELLOR

JUDGEMENT

(1.) The controversy in the present petition, relates to affiliation of Petitioner Institution. Earlier, the Writ Petition No. 10651 (M/B) of 2010 was filed by the Petitioner which was finally disposed of by the judgment and order dated 29.10.2010.

(2.) The perusal of the judgment and order dated 29.10.2010 shows that the Vice -Chancellor of Lucknow University has recommended in favour of the Petitioner' Institution for grant of affiliation to run the B. Ed. Course but the Executive Council is sitting over the matter. Though the Division Bench noted that even if extra classes are permitted to run, the Petitioner's Institution shall not be able to complete the course to the satisfaction of NCTE, but it is observed that subject to satisfaction, the Respondent University may consider the Petitioner's case for grant of affiliation.

(3.) Sri S.P. Shukla learned Counsel for the Respondent University submits that earlier, on 14.10.2010, to consider Petitioner's case, the Vice -Chancellor has notified the meeting to the Executive Council but the same could not be held. The argument of Sri S.P. Shukla, learned Counsel seems to be misconceived. Earlier, the direction was issued prior to passing the order dated 29.10.2010. After passing the judgment by the Division Bench of this Court, it was incumbent on Vice -Chancellor to notify the meeting of Executive Council to consider Petitioner's case. Attention has been invited to Chapter II -A of State Universities Statutes of which para -3.07 provides that meeting of Executive Council shall be called under the direction of Vice -Chancellor. Accordingly, after 20.10.2010, the vice -Chancellor of the Respondent University should have called the meeting of the Executive Council for consideration of Petitioner's case but it appears that after said date, no action has been taken by the Vice -Chancellor.