SANSKAR BHARTI SHIKSHA SAMITI Vs. UNIVERSITY OF RAJ

JUDGEMENT

(1.) THIS writ petition has been filed with the prayer that the respondent University of Rajasthan be directed to display the name and code of Sanskar Bharti Shiksha Samiti, the petitioner Society for the purpose of B.Ed. Course entitled to be allotted students for the course, or otherwise the respondent University be directed to accept the examination forms of the students of the Institution for the Session 2011-12, and the students of the Institution be allowed to write the examination of B.Ed. Course for the session 2011-12 conducted by the University of Rajasthan. A bare look at the writ petition and the material available on record indicates that the Institution run by the petitioner Society without being affiliated to the University of Rajasthan for the B.Ed. Course has admitted students for the B.Ed. Course. Mr. Surendra Singh, the Secretary of the petitioner Society Sanskar Bharti Shiksha Samiti, submits that vide letter dated 16-1-2012 a request had been made to the University of Rajasthan for allowing the students of the petitioner Society to write the B.Ed. Examination 2011-12, as the application for grant of affiliation for the said Session had already been filed by the Institution and was pending with the University. Heard Mr. Surendra Singh, the Secretary of petitioner Society and perused the material available on record of writ petition.

(2.) THE obtaining law is that affiliation of an institution with the University is not a matter of right. Affiliation to an Institution can be granted by the concerned University/ Examining body only on the satisfaction of requisite conditions as set up by the University. THE matter of affiliation of an institution with a University has been considered the by the Hon'ble Apex Court in the case of THE Ahmedabad St. Zavier's College Society Vs. State of Gujarat [(1974) 1 SCC 717], and it has been held that regulations pertaining to affiliation and/ or recognition can be made by the concerned University in the true interest of efficiency of instruction, discipline, health, sanitation, morality, public order and the like. THE affiliating authority concerned can insist that the conditions for affiliation have to be complied with before affiliation can be granted to an educational institution. Thus it is clear that affiliation is not automatic on the mere application therefor and the mere filing of an application for the purpose without anything more is of no consequence. In case of A.P. Christians Medical Educational Society Vs. Government of Andhra Pradesh [(1986) 2 SCC 667], the Hon'ble Supreme Court has held that where requisite conditions for affiliation and/ or recognition are not fulfilled the court ought not to issue directions to protect the students on vague grounds or purported humane considerations. In case of Rajasthan Pradesh Vaidya Samiti Sardarshahar Vs. Union of India [(2010) 12 SCC 609] it has been held that recognition and affiliation are serious matters in the domain of experts and interference by the courts ought to be ordinarily eschewed, until a case of palpable arbitrariness or illegality is made out. In case of Tamil Nadu Dr. MGR Medical University Vs. Meenakshi Ammal Trust [(1995) Supp.(4) SCC 694], it has been held that in matters of affiliation no interim order should be granted as passing of an interim order can only lead to complex to questions of balancing of equities at the time of final disposal of writ petition could arive, and the court should in such issues only take to expeditious disposal of the petition. Even otherwise the question of affiliation is a question of fact dependent upon satisfaction of concerned university or examining body with regard to necessary infrastructure in terms of building, facilities, and faculties having been provided by the applicant Institution. In this view of the matter, I find no merit in the writ petition. However, the petitioner society is free to pursue its case for affiliation with the University. Consequently, the writ petition stands dismissed. Stay application also stands dismissed.