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(i) (1991) 1 SCC 212 ShrilekhaVidyarthi (Kumari) v. State of U.P.

(ii) W.P.(C) No. 775/2016 Vidha Sudha Welfare Foundation Samiti v.

National Council for Teacher Education.

30. Ms. Anubha Aggarwal, learned counsel for the petitioner in W.P.(C) 3148/2017 would state, the act of University and State to restrict grant of affiliation is malafide, arbitrary and ultra vires the powers of the authority which refused affiliation. Hence, the impugned letter and action of GGSIP is liable to be quashed. The action of GGSIP is to protect vested interests of presently affiliated institutes by creating monopoly in their favour and not de-affiliating them despite their poor performance / low standards of education. Restricting entry of new institutes would not ensure enhancement in standards of education. She states, the reason for denial is the impugned letter dated February 02, 2017 issued by the Government of NCT of Delhi, but the same cannot override / amend the Act and statutes. Further, all applications could not have been kept in abeyance for an indefinite period of time, without assigning any reasons. The impugned letter, being a non-speaking communication could not be a basis for rejection of all applications for affiliation. The letter issued by the State Government is also without the approval of the competent authority. She states, the genesis of this letter is illogical reasoning of GGSIP that fresh affiliations may not be granted to institutes in NCR because existing institutes have very low percentage of admissions. This is devoid of merit and not a sustainable ground for such refusal. Firstly, admissions in other colleges cannot be a ground for refusing affiliation to the petitioner. Secondly, further limiting the institutes would eliminate competition, create monopoly of existing institutes and would not improve the standards of admission / education. This contention of University is in fact a garb to protect the vested interests of existing affiliated institutes and has been done at their behest, since GGSIP has not taken any steps to dis-affiliate the non-performing / below standard institutes. No such undertaking has been given by GGSIP before this Court, which prima facie falsifies the ground for maintaining high standards. Without even considering the application of the petitioner on conducting inspection, GGSIP without any basis or record cannot conclude that the petitioner institute does not confirm to high standards of education. If the University really keen on maintaining the standards, then it should dis-affiliate the existing institutes and consider the new applicants on the basis of their individual merits. She states, the petitioner institute has been granted Accreditation in 2006 by the National Board of Accreditation (NBA), which reflects international standard in Education. Considering the infrastructure, facilities and quality education, etc., National Project Implementation Unit (NPIU), A Unit of Ministry of HRD, Govt. of India for implementation of World Bank Assisted Project in Technical Education has granted Technical Education Quality Improvement Programme (TEQIP) Phase II. IET- Alwar is the only Private Engineering College of Rajasthan which has selected by the NPIU for the World Bank project in view of its infrastructure, facilities, manpower, quality education etc. It is also relevant to mention that the petitioner institute has an average admission rate of more than 60% over the last few years. The petitioner is a deserving institute located within the jurisdiction of GGSIP University and hence liable to be granted affiliation. She would state, another contention of GGSIP that Rashtriya Uchhtar Shiksha Abhiayan (RUSA) scheme limits the number of affiliated colleges to any University to 100 has been quoted out of context. The complete recommendation has not been placed before this Court which would have clarified things. An abstract has been quoted only to mislead the Court. RUSA is a Centrally Sponsored Scheme, launched in 2013 which aims at providing support funding to eligible state funded institutions. However, in the present case, it is neither the contention of the State or the University or the institute that any funding is required from the Central Government. Self financed institutions are not covered under the Scheme. It is relevant to mention that the report was published in the year 2013, but GGSIP on its own never followed the same and as per their own admission, has granted affiliation to colleges till the year 2016. This plea taken now is a mere afterthought to deny affiliation to the petitioner. Now GGSIP cannot deny claim of the petitioner to be considered for affiliation on the basis of said report. She would state, the next contention of GGSIP that the petitioner cannot be affiliated on the ground that an alternative affiliating university is available is also not sustainable. Availability of an alternative gives the petitioner choice to seek affiliation from any of them, upon fulfilling the criteria and eligibility conditions. There is no statutory bar to seek affiliation from a university of choice, in case more than one affiliating universities have jurisdiction over the institute. The action of the university is arbitrary, discriminatory and violative of rights of the petitioner to seek affiliation. She states, the further contention of GGSIP that there is no obligation on the university to grant affiliation is also unsustainable. Since the petitioner institute fulfils all the essential conditions for affiliation, the petitioner is entitled to be considered for the same. GGSIP cannot act arbitrarily and is under an obligation to consider all the applications for affiliation as per the Act, statutes and ordinances governing the same. She would rely upon the judgment of the Apex Court in the case of Rungta Engg. College v. Chhattisgarh Swami Vivekanand Technical University, (2015) 11 SCC 291 to contend, that Supreme Court has set aside the decision of the university not to grant the affiliation to the College since the same was without any justifiable basis. Hence the Court directed grant of affiliation to the institute. In the present case also, affiliation is being denied without any basis especially when the petitioner institute has been getting regular AICTE approvals. She states, the impugned action of GGSIP University is violative of Articles 14 and 19(1)(g) of the Constitution of India. The respondents have not granted affiliation, without assigning any reasons for the same. It is her submission, GGSIP University herein has admitted and accepted that online applications have been invited from the existing institutes located in NCR (outside Delhi) for grant of provisional affiliation for Academic year 2017-18. The petitioner institute has been in operation and working since the year 1998 and is an existing institute. Hence, as per the own admission by the University, affiliation is being granted for the current academic year to existing institutes which are located in NCR. Therefore, the petitioner institute is entitled to be granted affiliation for the current academic year by the university as per its own policy. She states, despite impugned letter dated February 02, 2017, the Government of NCT of Delhi vide letter dated February 15, 2017, has requested the petitioner to submit documents for further processing of request for grant of "No Objection Certificate" for change of Affiliating University of the institute. It is relevant to mention that the said letter has been issued subsequent to a general letter issued by the Government of Delhi to the Registrar of the University on February 02, 2017. But, till date no further action has been taken in that regard by the respondent no.2 University. She states, the arbitrary action of GGSIP creates discrimination even amongst the similarly situated institutes within the NCR region. Limiting the number of affiliated institutes within NCR to 100, creates monopoly in favour of those granted the benefit of affiliation thereby eliminating competition from better institutes which may come up in the NCR regions. This would not ensure that quality of education would be maintained and rather the same may fall and the students would be forced to pay much higher fees to such institutes. The distance of RTU-Kota from IET-Alwar is approx. 550 Kms. (10 hours journey and there is no direct connectivity from Alwar City) and the GGSIP, Delhi is only approx. 160 Kms. From IET-Alwar and well connected with road and train transport facility. Therefore, the students and parents are uncomfortable (money wise and time wise) to visit RTU-Kota for their work. IET-Alwar is the oldest private Engineering College of Rajasthan established in 1998 and have good reputation in NCR. After affiliating from GGSIP, the NCR students including Minority and backward students will be benefitted. She states, once the petitioner institute is eligible affiliation cannot be denied to the petitioner due to pick and choose policy by GGSIP and admission in other institutes cannot be a ground for declining affiliation to the petitioner.