GURU NANAK EDUCATION TRUST REGD Vs. PUNJAB UNIVERSITY

JUDGEMENT

(1.) Guru Nanak Education Trust (Registered), Ludhiana through its President Gurinder Singh and Secretary Jagdev Singh, through present petition filed by it under Article 226 of the Constitution of India, seeks issuance of writ in the nature of mandamus directing the respondents to grant it affiliation for Bachelor of Business Administration and Bachelor of Computer Applications (for short 'BBA' and 'BCA') courses for the Session 1998-99 in Guru Nanak Girls College, Model Town, Lodhiana as per the provisions of the Punjab University Act, 1947 and Punjab University Calendar, Volume I, Chapter 8-A, pertaining to affiliation of Colleges with Punjab University, Chandigarh.

(2.) The desired relief is sought to stem on the facts that petitioner-Trust was registered/founded for upliftment of intellectual and economic status of the people in 1969 and is running the College since 1970. The College was running BBA and BCA courses affiliated to CSM/IGS Canada/ America in Marketing Management, Finance, Personnel and Fashion Technology and on July 22,1998 an advertisement appeared in the Indian Express for affiliation of BBA and BCA courses and regarding commencement of admissions to these courses in the Colleges affiliated to Punjab University. On July 29, 1998 the Secretary of the College discussed the matter with the President and an application was made to the Vice-Chancellor, Punjab University, Chandigarh stating therein that no circular from the University Office to the affiliated colleges or any telephonic/ fax message for affiliation of new courses was received and after going through the news item in the Indian Express on July 22, 1998 and advertisements of some of the Colleges, it was revealed that the affiliation had been made. On contacting the University Officials, it was further revealed that the matter regarding affiliations stood finalised on July 25, 1998 itself. On July 29, 1998 petitioner received a letter dated July 21, 1998 from the Dean, College Development Council mentioning that the respondent-University had decided to introduce BBA and BCA courses w.e.f. the Session 1998-99 and the scheme of admission was mentioned. Petitioner addressed a letter to the Chancellor of the Punjab University on August 1, 1998 detailing the facts and requested for affiliation of the BBA and BCA courses. However, when such a request was not entertained, present writ, for the relief, as referred to above, was filed.

(3.) The basic and in fact the only contention of learned counsel for the petitioner is that for the first time vide letter dated July 21, 1998 which was received on July 29, 1998 petitioner was asked to apply for affiliation. It made a request for affiliation on July 27, 1998 after coming to know from the news item and yet the affiliation had not been granted on the ground that the application had been received late. This was the contention of the learned counsel for the petitioner when notice of motion was issued and continues to be the same.