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This Court has considered rival contentions advanced by Counsel for parties and with their assistance, examined material on record. Before examining the controversy raised herein, it will be appropriate to have a brief resume of relevant provisions of the Statute & the University Act.

U/s 17 of the University Act, 1946, there are certain statutory bodies/authorities including the Syndicate & Board of Inspection. The constitution of Syndicate is provided U/s 21, which is the executive body of the University and its functions are provided U/s 22 sub-section (i) whereof provides in regard to inspection and affiliation, recognition or approval of colleges, hostels or institutions, which is one of statutory functions. S.22(i) reads ad infra:

24-J. (1) The Board shall deal with applications for affiliation, recognition or approval of Colleges and institutions, within the territorial jurisdiction of the University, arrange for their inspection in the manner prescribed by the Statutes, and make recommendations to the Syndicate, in regard to their affiliation, recognition or approval, as the case may be.
(2) The Board shall appoint two committees consisting of the five members each, one to deal with applications for affiliation of colleges and another to deal with applications for approval of institutions. The committees shall be appointed for a period of three years; and (3) Subject to approval by the Syndicate, the Board may make rules for the approval, recognition and affiliation of institutions and colleges.

A conjoint reading of afore-quoted provisions makes it explicit clear that after dealing with applications & arranging for inspection of the Colleges & institutions in regard to affiliation, recognition or approval whereof, the BOI is required to make recommendations to the Syndicate either for affiliation, recognition or approval, as the case may be and the Syndicate is the authority for taking final decision in the matter. That apart, inspection and recognition of Colleges/ institutions are regulated in terms of Statute Cl.37 which provides the procedure regarding inspection/inquiry being made of the Colleges.

22. (i) Summary of recommendations Recommend provisional affiliation for academic session 2010-11 in M.Sc (Bio-Technology); also recommend increase in in-take of seats (60) but to be taught in two separate sections.

(ii) Conditions/suggestions for provisional affiliation if recommended -

More books in Library in view of increase in intake;

Selection of faculty as per University norms.

After report of the Inspection Team alongwith the record being submitted before the Board of Inspection which is a statutory functionary and after due examination of applications for affiliation, recognition & approval of Colleges including petitioner-Institute, the Board of Inspection being an expert body in the field for the purposes and discharging statutory functions, considered the entire material on record in its meeting held on 21/10/2010 (Ann.16), which discloses that the matter in regard to increase in in-take capacity for Under-graduate/Post Graduate courses and so also for affiliation & recognition of various colleges was considered and under Note-4, intake of Colleges including petitioner-Institute was considered but finally has not recommended for increase in intake capacity of petitioner-Institute, despite it being recommended by Inspection Team. It is relevant to observe that it was the petitioner-Institute alone, whose matter for increase in-take capacity for M.SC (Bio-Tech.) came up for consideration.