Calcutta High Court (Appellete Side)
Dr. K.R. Adhikary College & Anr vs 6.07.15 The University Of Kalyani & Ors on 16 July, 2015
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
W. P. No.14981 (W) of 2015
Dr. K.R. Adhikary College & Anr.
v.
16.07.15 The University of Kalyani & Ors.
SL-04
(S.R.) Mr. Kishore Dutta
Mr. Nilanjan Bandyopadhyay ... for the petitioners.
Mr. Amitava Chaudhuri
Mr. M. Chaudhuri ... for the University
The instant writ application has been preferred
challenging, inter alia, the memorandum dated 16th June,
2015 issued by the respondent no.3.
Mr. Dutta, learned senior counsel appearing for the petitioners submits that the petitioner no.1 is a college of Optometry & Paramedical Technology which is running since the year 2003 upon availing affiliation from the University of Kalyani (herein after referred to as the said 'University').
Drawing the attention of this court to the documents at pages 31 and 32 of the writ application, Mr. Dutta submits that even after extension of temporary affiliation of the concerned college till the session 2015- 2016, the college authorities were directed to keep admission to the various certificate and diploma courses for the session 2015-2016 in abeyance and by the document at page 35 of the writ application the University authorities terminated the affiliation of the said College.
According to him, the impugned orders dated 11th 2 May, 2015 and 16th June, 2015 do not reflect any independent application of mind and the same are cryptic in nature.
Mr. Dutta further submits that by holding an inspection in the administrative office of the said college and without visiting the college campus, the inspection team arrived at a conclusion that the college is running in a rented accommodation where space is inadequate and that as such the inspection report is inappropriate and is not sustainable in law.
Per contra Mr. Chaudhuri, learned advocate appearing for the University authorities disputes the contention of Mr. Dutta and submits that the college authorities do not own any land to avail affiliation of the said University.
I have heard the learned advocates appearing for the respective parties and I have considered the materials on record.
Prima facie, the order dated 11th May, 2015 directing the college to keep admission in abeyance and the order dated 16th June, 2015 terminating the affiliation of the college do not stand fortified by any reason whatsoever and the same are cryptic in nature and as such I am of the opinion, the petitioners have made out a prima facie case to avail an interim protection. However, 3 for the grant of an interim order, the need to protect the interest of the students, who would seek admission in the said college, is required to be put into the scales inasmuch as in the event the writ application ultimately fails, it would be impossible for new entrants to complete the course.
In such conspectus of facts, the respondents are restrained from giving effect or further effect to the impugned memorandum dated 16th June, 2015 issued by the respondent no.3 till the end of August, 2015. However, the petitioners shall not admit any new student without the leave of this court.
As the matter relates to affiliation of a college and admission of the students, the writ application needs to be disposed of expeditiously.
Accordingly, the respondents would be at liberty to file an affidavit-in-opposition within ten days from date. Reply, if any, be filed within a week thereafter.
List this matter as 'For Orders' in the Daily Supplementary List of this court on 6th August, 2015.
(Tapabrata Chakraborty, J.)