Allahabad High Court
N.K. College,Nagla Balu,Mainpuri ... vs State Of U.P. Thru. Prin. Secy. ... on 23 November, 2022
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 7 Case :- WRIT - C No. - 8298 of 2022 Petitioner :- N.K. College,Nagla Balu,Mainpuri Thru. Its Manager Ajay Kumar Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Technical Education, Lko. And 2 Others Counsel for Petitioner :- Gopal Pandey Counsel for Respondent :- C.S.C.,Atul Kumar Dwivedi,Ravi Singh Hon'ble Neeraj Tiwari,J.
Sri Tushar Mittal, Advocate put in appearance and filed Vakalatnama on behalf of respondent No. 3, which is taken on record.
Heard learned counsel for petitioner, learned standing counsel for respondent No. 1, Sri Ravi Singh, learned counsel for respondent No. 2 and Sri Tushar Mittal, learned counsel for respondent No. 3.
Present petition has been filed seeking following reliefs:-
"i). Issue writ, order or direction in the nature of certiorai quashing the impugned order dated 12.11.2022.
ii). Issue writ, order or direction in the nature of mandamus commanding the opposite parties not to implement impugned order dated 12.11.2022.
iii). Issue writ, order or direction in the nature of mandamus commanding the opposite party No. 3 to allow the college of petitioner to take admission in 1st year B.Pharma Course for Academic Session 2022-23."
Learned counsel for petitioner submitted that earlier for academic session 2020-21, approval was granted for 60 seats by respondent No. 2, upon which, respondent No. 3-University has also granted affiliation under Section 23(2) of Uttar Pradesh Technical University Act, 2000 (hereinafter referred to as 'Act, 2000'). Thereafter, Pharmacy Council of India, vide order dated 12.08.2022 has reduced the number of seats from 60 to 40 for academic session 2022-23 and petitioner was restrained to take admission in first year B.Pharma Course for academic session 2022-23. Against that, petitioner has preferred appeal as provided under the provisions of Pharmacy Act, 1948, which was allowed vide order dated 03.11.2022 restoring the earlier position i.e. again petitioner's Institution was permitted to take admission for 60 seats and bar so imposed for academic session 2022-23 has also been withdrawn. After that, petitioner has filed application before the University to continue affiliation for academic session 2022-23 and further including the name of petitioner's Institution for the purpose of counseling, which was rejected on the ground that now all 4th round of counseling are over, therefore, on the basis of enhanced seats, no affiliation can be granted due to shortage of time. It is next submitted that one more round of counseling is still due, which would start from 01.12.2022 and continue up to 15.12.2022 and there is still around seven days remaining. Considering this fact that petitioner is a self financial Institution, a direction may be issued to the University to send papers forthwith to the State Government for granting prior permission as required under Section 23(2) of Act, 2000. He lastly submitted that a direction may also be issued to respondent-University to grant affiliation and include the petitioner's Institution for the purpose of counseling.
Sri Tushar Mittal, learned counsel for respondent No. 3 has opposed the submissions, but could not dispute that one round of counseling is still due whichwould start from 01.12.2022 and continue up to 15.12.2022.
In view of the facts and circumstances of the case, writ petition is disposed of with direction to the respondent-University to send the papers to the State Government for prior permission to grant affiliation under Section 23(2) of Act, 2000 within three days from today. Thereafter, respondent No. 1 is directed to take decision within next three days. In case prior permission is granted for academic session 2022-23, University shall issue affiliation letter forthwith and also include petitioner's Institution in counseling process for allotment of seats.
In case prior permission or affiliation is not granted to the petitioner, concerned respondent shall pass reasoned order within the same time given herein-above.
Learned standing counsel as well as Sri Tushar Mittal, learned counsel for respondent No. 3 is directed to communicate this order to corresponding respondents forthwith.
It is made clear that this Court has not adjudicated the case on merits. It is upon respondent concerned to pass order after considering the relevant Act, Rules or any other Government Order occupying the field.
Order Date :- 23.11.2022 Sartaj