COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ashok Khare, Senior Advocate assisted by Sri T. B. Pandey, on behalf of the petitioners, Sri S. M. A. Qazmi, learned Chief Standing Counsel, on behalf of the respondent Nos. 1 and 2, Sri Anil Tewari, Advocate on behalf of respondent No. 3 and Sri Saumitra Singh, Advocate on behalf of respondent No. 4.

(2.) HANDIA Post Graduate College, HANDIA, District Allahabad through its Manager Dr. Deo Raj Singh, has filed this writ petition for quashing: (a) the letter of the Secretary, Higher Education, Secretariat, Uttar Pradesh, Lucknow (respondent No. 2) dated 30th November, 2004 addressed to the Vice-Chancellors of all the Universities of the State of Uttar Pradesh, whereby it has been provided that from academic session 2004-05 all degree colleges must seek affiliations from the Universities within the territorial jurisdiction, whereof the colleges are situated. The institutions, which had obtained affiliations earlier from the Universities outside their territorial jurisdiction, must get themselves affiliated for the academic session 2005-06 with the University under whose territorial jurisdiction the institution is situated, (b) the consequential letter of the Vice Chancellor, Veer Bahadur Singh Purvanchal University, Jaunpur, dated 18th January, 2005 addressed to the Manager, Handia Post Graduate Degree College, Allahabad (petitioner), directing that from the academic session 2005-06, the petitioner's institution has to obtain affiliation from the University under whose territorial jurisdiction the institution is situated.

(3.) WITH the issuance of the consequential notification, by the State Government the concerned files pertaining to the institution qua the courses/subjects for which the college was affiliated, including the files and records of teachers and staffs and also the examination forms of the students at relevant time, were transferred to the Purvanchal University. The affiliation already granted in respect of the subjects or courses by the Kanpur University to the Handia Degree College, were continue as if granted by Purvanchal University, the institution was not required to obtain fresh affiliation, in respect thereto from the Purvanchal University.