THE GOVERNING BODY PREPRESENTED BY SHRI UDAYANATH NAYAK, PRESIDENT SANJAY MEMORIAL INSTITUTE OF TECHNOLOGY Vs. BERHAMPUR UNIVERSITY, REPRESENTED BY THE REGISTRAR AND ORS.

JUDGEMENT

(1.) THESE two applications under Article' 226 of the Constitution of India have been filed one by the Governing Body of Sanjay Memorial Institute of Technology (in short hereafter 'the Institute') and the other by the Principal, Post Graduate Centre for Management Studies (in short hereinafter 'the College'). Affiliation of the College is the common question involved in both, the writ applications. Accordingly they were heard together and are disposed of in this common judgment.

(2.) THE Institute is an educational agency which established the College from the academic session 1981 -82 for imparting instruction to the students to be eligible to appear at the examination for the two year degree course of Master in Business Administration (hereafter referred to as 'the MBA') conducted by the Berhampur University under the Regulations of the University. College not having been affiliated in the academic session 1986 -87 the students admitted to the College are not able to appear at the examinations. To avoid this difficulty these two writ applications have been filed.

(3.) STUDENTS admitted to a College affiliated to the University are entitled to appear at the MBA examination. Without affiliation a College does not have the privilege of presenting its students for appearing at the examination. The word 'affiliation' is also expressed as admission of a College to the privilege of the University. Section 17 of the Berhampur University Act, 1966 (in short hereafter 'the Act') provides for admission of an educational institution to the privileges of the University as a College on an application being made in that behalf. In case the syndicate of the University is of opinion that the educational institution can be granted affiliation the same is to be recommended to the senate for its approval. For getting affiliation the provisions of the statute are, to be substantially complied with by the applicant. Chapter XX of the Statutes made under the Act provides for admission of an educational institution to the privileges of the University. Section 18 of the Act provides for deprivation of the privileges granted to a College for which a proposal is to be given by two members of the syndicate. After giving reasonable opportunity to the College to raise objection to the proposal, syndicate is to consider the same. Proceedings of the syndicate with regard to the consideration along with a copy of objection, if any filed by the Governing Body of the College is to be placed before, the senate. Senate is to consider the same and decide the question of deprivation on the materials on record. In case the decision is in favour of depriving a College of the privileges, a copy of the proceeding of the senate alongwith a copy of the proceeding of the syndicate is, to be placed before the Chancellor who has the power to rescind or modify the order of the senate. Proposal for deprivation of the privileges once granted to a College is thus, required to be tested at different stages since such deprivation has far reaching consequences on education, the College and the students admitted to the College.