SHRI KRISHAN EDUCATIONAL TRUST Vs. KURUKSHETRA UNIVERSITY

JUDGEMENT

(1.) This order shall dispose of two writ petitions bearing CWP Nos.8010 & 14496 of 2013. In CWP No.8010 of 2013, the petitioners have challenged the proceedings of dis-affiliation on the basis of resolution no.51 dated 28.03.2012, resolution no.15 dated 22.03.2013, orders dated 29.03.2013 and 03.04.2013 withdrawing the provisional affiliation, whereas in CWP No.14496 of 2013, the petitioners have challenged order dated 11.04.2013 whereby request of the petitioners for grant of provisional affiliation for additional courses (i) M.Tech. (Civil Engineering), (ii) increase of intake in B. Tech. (Civil) 60 to 120 and (iii) M.Tech. (CSE) 18 to 24 and extension in provisional affiliation for the academic session 2013-14 has been rejected. The basis for the order dated 11.04.2013 is the order dated 29.03.2013 by which it has been decided by the Executive Council of the University to withdraw provisional affiliation of the petitioners for the academic session 2013-14. Thus, both the writ petitions are interconnected and are being decided together with this common order.

(2.) However, the facts are extracted from CWP No.8010 of 2013.

(3.) The skeletal facts of the case, as projected by counsel for the petitioners, is that the petitioner-institution has been given approval by the AICTE for the academic session 2013-14. The petitioner-institute is also required to get annual affiliation from respondent-University, however, on some complaint, inquiry was initiated and the report dated 07.12.2011 was submitted to the University, who placed it before its Executive Council for consideration. The said report was considered by the Executive Council and vide its resolution no.51 dated 28.03.2012, it noticed noncompliance/ violation of clause 4(d) of Appendix-I under Ordinance-XVI of University Calendar Volume-I, 2009 and of giving evasive reply to the show cause notices/letters. However, the Executive Council resolved to initiate the proceedings of dis-affiliation against the petitioner-institute w.e.f. the academic session 2012-13 as contained under Clause 22 of Ordinance-XVI of the University Calendar Volume-I, 2009. Pursuant to the recommendations of the Executive Council, a show cause notice dated 25.04.2012 was issued by respondent no.1 to the petitioner-institute in which it was averred that "you are accordingly informed that before the recognition, granted to your institute is withdrawn in whole by declaring your institute as disaffiliated w.e.f. the session 2012-13, under Clause 21 & 22 of the Ordinance-XVI, a registered notice for disaffiliation served upon you in terms of decision of Executive Council as per findings of the Enquiry Report dated 07.12.2011, with the request to explain, as to why disaffiliation proceedings be not initiated against your Institute w.e.f. the session 2012-13 under Clause 22 of the Ordinance-XVI 'Recognized Colleges', within ten days of the issue of this registered notice, for further consideration by the Executive Council".