COMMITTEE OF MANAGEMENT BENI MADHAV SINGH MAHAVIDYALAYA MADHAV NAGAR BIGAHIYA ALLAHABAD Vs. STATE OF U P

JUDGEMENT

(1.) VINEET Saran, J. The petitioner-college was initially granted affiliation with the Purvanchal University on 14-8-1999 for running B. A. course in six subjects for a period of 3 years. The said affiliation was extended by the Purvanchal University for a further period of 3 years on 30-8-2003, meaning thereby that the affiliation was to continue till the Session 2005-06. According to the Government Order issued on 30-11-2004, the affiliation of the colleges was thereafter to be made on the basis of territorial jurisdiction of the Universities. Under the provisions of the said Government Order, the petitioner-college was now to seek affiliation from the respondent-Chhattrapati Sahoo Ji Maharaj Kanpur University. By the letter dated 21- 9-2006 issued by the respondent-University, the petitioner has been granted temporary affiliation for a period of 3 years with effect from 1-7-2006 but with the condition that the intake of students for B. A. Part I would be only 360. Aggrieved by the condition of limiting the intake of students, the petitioner has filed this writ petition, with the further prayer that the sanctioned strength of intake of students of B. A. Part I in the petitioner-college be increased to 900 students.

(2.) I have heard Sri P. N. Saxena, learned Senior Counsel assisted by Sri J. P. N. Singh, on behalf of the petitioners as well as learned Standing Counsel appearing for the respondent No. 1 and Sri Neeraj Tiwari, learned Counsel appearing for the contesting respondents No. 2 and 3 -Chhattrapati Sahoo Ji Maharaj Kanpur University. Pleadings between the contesting parties have been exchanged and with consent of the learned Counsel for the parties, this writ petition is being disposed of at this stage.

(3.) IN my view, since the petitioners had more than 800 students in the previous two sessions and this year they have admitted 720 students on a legitimate expectation that the new affiliating University would grant such permission, as was done by the earlier University with which the petitioner-college was affiliated for past 6 years, it would now be unreasonable to limit the number of students to 360 for the Session 2006-07, as has been provided in the order dated 21-9-2006.