THE VICE CHANCELLOR, D.D.U. GORAKHPUR UNIVERSITY AND ANOTHER Vs. ST. ANDREWS COLLEGE, GORAKHPUR AND ANOTHER

JUDGEMENT

(1.) This intra Court appeal has been filed by Deen Dayal Upadhyay Gorakhpur University, Gorakhpur as well as Vice Chancellor of the said University against the judgment and order of the writ court dated 04.10.2016 passed in Writ-C No. 20233 of 2015 (St. Andrew's College Vs. State of U.P. and 2 others).

(2.) Facts in short relevant for deciding the present special appeal are as under.

(3.) St. Andrew's College, Gorakhpur is a degree college affiliated to Deen Dayal Upadhyay Gorakhpur University, Gorakhpur (herein after referred to as University). The institution is stated to have been granted affiliation/permission for imparting education in the subject of Physical Education at graduate level by the University. Subsequently, it was realised that the land which was offered for the purpose of imparting the said education was not the property of the Institution/Society, which has established Institution. Accordingly, the University has decided not to extend the affiliation for imparting education in the subject of Physical Education for the Academic Session 2014-2015. It is against this order that the college approached the writ court. The learned Single Judge under the order impugned has recorded reasons for coming to a conclusion that the decision so taken by the University was bad and one of the reasons disclosed is that the material, which was relied upon by the University for coming to the conclusion that the land offered by the college was not its property, has been so arrived at without disclosing the adverse material to the Institution concerned. Reference has also been made to a decree passed by the competent civil court, the relevant portion whereof has been quoted in the order of the learned Single Judge.