SHYAMLAL SMARAK ARYA SHIKSHAN SANSTHA Vs. MARATHWADA UNIVERSITY

JUDGEMENT

(1.) The petitioner-society Shamlal Smarak Arya Shikshan Sanstha was established in 1950 and it runs several educational institutions within the jurisdiction of the Marathwada University. It is claimed to be a minority institution founded by the Arya Samaj. This claim, however, is challenge by the respondents.

(2.) One of the institution which was founded and managed by the petitioner-Society is the Engineering college at Udgir. This college was started in September, 1983 and during the first academic year of its existence it was allowed to start the first year of the four degree course in engineering. The affiliation in this behalf was granted by the State Government Notification dated January 13,1984, subject to the five conditions of affiliation imposed by the University. Though the result of the first examination of the students who appeared for the said examination through the college of the petitioner -society was quashed on the ground of malpractices, the college was accorded affiliation for the first and second year of the degree course in engineering during the year 1984-85 vide Government Notification dated February 17, 1986. For the year 1985-86 the affiliation for the first and second year of the degree course has been recommended by the University on July 17, 1985 and State Government is yet to accord such sanction for the affiliation though the academic years is already over.

(3.) Before the Government granted affiliation for the year 1984 -86 vide Government Notification dated February 17, 1986 a show-cause notice dated August 6/7, 1984, was issued under section 49 of the Marathwada University Act (hereinafter referred to as the Act). 1974, calling upon the petitioner as to why the affiliation should not be withdrawn. Admittedly, this show -cause notice was acted upon and on July 26, 1985 the petitioner filed an application under sections 43, 44, and 45 of the Act for continuation of the affiliation for the year 1986-87 while this application was pending consideration and even before the Government granted affiliation for the year 194-85 which was mention above was granted by Government Notification dated February 17, 1986, University served the petitioner with another show-cause notice under section 49 dated September 24,1985, calling upon the petitioner to show-cause why its affiliation for the year 1985-86 should not be withdrawn. To this notice the petitioner submitted its reply on October 7, 1985. As some technical mistake had crept in the notice dated September 24, 1985, the University served petitioner with another notice dated November 5, 1985, extending the time for showing cause and the petitioner-Society gave a formal reply to this second notice on November 17, 1985.