Uttarakhand High Court
Appellants vs Dolphin (Pg) Institute Of Bio Medical ... on 4 March, 2024
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE SRI JUSTICE ALOK KUMAR VERMA
04TH MARCH, 2024
SPECIAL APPEAL No.666 OF 2014
H.N. B Garhwal University and another
...Appellants
Versus
Dolphin (PG) Institute of Bio Medical and Natural
Sciences and others
...Respondents
With
SPECIAL APPEAL No.637 OF 2014
H.N. B Garhwal University and another
...Appellants
Versus
State of Uttarakhand and others ...Respondents
With
SPECIAL APPEAL No.667 OF 2014
H.N. B Garhwal University and another
...Appellants
Versus
Doon (P.G.) Para Medical College and Hospital and
another
...Respondents
With
SPECIAL APPEAL No.668 OF 2014
H.N. B Garhwal University and another
...Appellants
Versus
Uttaranchal College of Technology and Bio Medical
Sciences and another
...Respondents
with
SPECIAL APPEAL No.669 OF 2014
H.N. B Garhwal University and another
...Appellants
Versus
Ujjwala Sharma and another
...Respondents
With
SPECIAL APPEAL No.670 OF 2014
H.N. B Garhwal University and another
...Appellants
Versus
Neelam Bangwal and others
...Respondents
With
SPECIAL APPEAL No.671 OF 2014
H.N. B Garhwal University and another
...Appellants
Versus
Bikas Dass and others
...Respondents
With
SPECIAL APPEAL No.677 OF 2014
The Registrar H.N. B Garhwal University (Central
University)
...Appellants
Versus
Alphine Institute of Management and Technology and
another
...Respondents
With
2
SPECIAL APPEAL No.678 OF 2014
The Registrar H.N. B Garhwal University (Central
University)
...Appellants
Versus
Sai Institute of Para Medical and allied sciences
Dehradun and another
...Respondents
Counsel for the appellant. : Mr. Kartikey Hari Gupta, learned
counsel.
Counsel for the State. : Mr. K.N. Joshi, learned Deputy
Advocate General, for the State of
Uttarakhand.
JUDGMENT :(per Ms. Ritu Bahri, C.J.) Heard learned counsel for the parties.
2. The order dated 04.12.2014, is being modified as under:-
3. The appellant University was duly governed by the University Grants Commission, before it was taken over by the Central Universities Act, 2009. Sub-clause
(f) of section 4 of the Central Universities Act, 2009 reads as under:-
"4. Effect of Establishment of Universities.- On and from the date of commencement of this Act,-
(a)....
(b)...
(c)...
(d)....
(e)...
(f) all colleges, Institutions, Schools or Faculties, and Departments affiliated to, or admitted to the privileges of, or maintained by, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati 3 Nandan Bahuguna Garhwal University shall stand affiliated to, or admitted to the privileges of, or maintained by, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, respectively, established under this Act.
4. The earlier Rules of affiliation by which the appellant University was governed was to continue and the appellant University prior to being taken over by the Central Universities Act, 2009, was governed by the UGC [Affiliation of Colleges by Universities) Regulations, 2009. Before the Central Universities Act, 2009, the appellant University was following the Uttar Pradesh State Universities Act, 1973. Section 37 relates to the affiliation and recognition of the Colleges.
5. Learned counsel for the appellant has referred to section 37 of the Uttar Pradesh State Universities Act, 1973, which relates to the affiliation and recognition, and he has also referred to the letter of recognition dated 26.02.2004, which is the part of the writ petition, where these Uttar Pradesh State Universities Act, 1973, have been made applicable for granting recognition under section 37 (2) of the Uttar Pradesh State Universities Act, 1973. Admittedly recognition has been given to the appellant University.
4
6. Hence, this fact is very clear that prior to coming under the Central Universities Act, 2009, it was being governed by the Uttar Pradesh State Universities Act, 1973, as is evident from Annexure No.2, of the writ petition dated 26.02.2004. He further states that after the Central Universities Act, 2009, was made applicable, the appellant University was also governed by the UGC [Affiliation of Colleges by Universities) Regulations, 2009, and as per regulation 4.10, the appellant University could grant temporary affiliations on a year to year basis through inspection process prescribed in the said Regulation. Regulation 4.10 of the UGC [Affiliation of Colleges by Universities) Regulations, 2009, reads as under:-
"4.10. Continuation of temporary affiliation of the programmes of study and the college itself shall be granted by the University on a year to year basis through inspection process prescribed in these Regulations."
7. He further states that in the present case, the temporary affiliation was initially granted in the year 2004 and till 2019, no extension was granted on a year to year basis and after 2019 yearly inspection is carried out and extension is granted every year. For the purpose of taking permanent affiliation, Regulation 6 of 5 the UGC [Affiliation of Colleges by Universities) Regulations, 2009, is applicable, which reads as under:-
"6 Procedure for granting Permanent Affiliation.- 6.1. A college which wishes to get permanent affiliation shall apply to the University any time after completing five years of temporary affiliation in the proforma along with the prescribed fee in the form of Demand Draft drawn in favour of the Registrar of the University.
6.2. The procedure for according permanent affiliation shall be the same as for granting temporary affiliation given in the Regulations. 6.3. If the University decides not to grant permanent affiliation to the college for reasons, to be recorded in writing, of its failure to meet the conditions/requirements for getting such affiliation, the college may apply again if it fulfills the conditions/requirements subsequently, but not earlier than six months from the date of rejection of its earlier application.
8. As per this Regulation any University can make an application after completing five years of temporary affiliation. Regulation 8 deals with the procedure of withdrawal of affiliation.
9. Hence, the main prayer of the learned counsel for the appellant University is that the judgment of the learned Single Judge be modified that appellant University is governed by the UGC (Affiliation of Colleges by Universities) Regulations, 2009, and year to year extension has been granted after 2019, and this will not amount to a permanent affiliation at all. It is the 6 respondent College, who as per Regulation 6 can make an application for permanent affiliation, and the withdrawal of the affiliation is under Regulation 8 of the UGC (Affiliation of Colleges by Universities) Regulations, 2009, which can be exercised as and when the situation comes.
10. The judgment of the learned Single Judge dated 04.12.2014 is being modified with the aforesaid observations, giving liberty to the University respondent colleges to seek permanent affiliation as per Regulation 6 of the UGC (Affiliation of Colleges by Universities) Regulations, 2009.
______________ RITU BAHRI, C.J.
___________________ ALOK KUMAR VERMA, J.
Dt: 04th March, 2024 Nitesh 7