INDIRA SHIKSHA PRASAR SANSTHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is the third innings of the petitioner to come before this Court for seeking a mandamus for considering his application for affiliation with the University of Ajmer in proper perspective in accordance with law.

(2.) THE facts necessary for the present purposes may be stated briefly thus: Before University of Ajmer was established under the University of Ajmer Act, 1987, the. petitioner had moved an application to the University of Rajasthan some where in the month of April, 1986 seeking affiliation of college known as Indira College of Library Science. In the. first instance, University of Rajasthan appointed a committee for undertaking inspection of the College and after perusing the recommendation of the said committee, the University of Rajasthan granted affiliation for one unit i.e. for 40 seals for the Session 1986 -87 subject to terms and conditions, staled by it. One of the conditions was that extension of provisional al'liliation for the Session 1987 -88 must be. applied with required fees by the end of December, 1986 through the Director, Primary and Secondary Education, Rajasthan, Bikaner. The State Government also conveyed its no objection to the grant of affiliation by the University of Rajasthan. Petitioner Sansthan made an application for extension of the affiliation for the Session 1987 -88 vide application dated 29th December, 1986. Before that application could be. decided, University of Ajmer Ordinance was promulgated on 23rd July, 1987 which came into force with effect from 1st August, 1987. In the wake of establishment of University of Ajmer, the University of Rajasthan issued a notification stating that all colleges, institutions and institutes which have ceased to be affiliated by the University of Rajasthan and are not affiliated to any other University of the State are hereby affiliated with University of Ajmer w.e.f. 1st August, 1987. Petitioner was informed that provisional affiliation granted to it for the Session 1986 -87 had automatically ceased on the expiry of the Session 1986 -87. It was also stated that the petitioner did not follow the required procedure nor did it fulfil the requirements, laid down by the. University of Rajasthan or University of Ajmer and that the petitioner had not obtained no objection from the State. Govt. A stand was also taken by the University of Rajasthan that the V.C. of the University of Rajasthan was authorised to grant al'liliation for the Session 1987 -88 for colleges from which applications are received through proper channel provided the same are received on or before 25th July, 1987. However, the case of the petitioner was not referred to the Vice Chancellor because according to them, the application of the petitioner was not received until 1st August, 1987. In these circumstances, a writ petition was filed by the petitioner for seeking relief that it be declared that the college, run by the petitioner stands affiliated by the University of Ajmer and is entitled to run the Certificate Course. Two writ petitions bearing Nos. 807/89 and 2992/88 filed before this Court, were allowed in part by a common order on 21st September, 1989, with the following directions:

(3.) IT is in these circumstances that the petitioner has filed this petition challenging the inaction of the respondents to consider the petitioner's application and challenging the validity of the order, issued by the State Govt. refusing to grant No Objection Certificate.