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Submissions on behalf of the petitioners:

5. Learned senior counsel Sri.A.S.Ponnanna representing the petitioners submitted that the action of the respondents in passing the impugned resolutions are all bereft of the statutory requirements mandated

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under Section 48 of the Rajiv Gandhi University of Health Sciences Act, 1994 ['Act' for short]. It was submitted that in terms of Section 48, when an affiliation is sought to be withdrawn, it can be only when the college has failed to comply with any of the requirements of provisions of Sub-section [2] of Section 45 or the college has failed to observe any of its conditions of affiliation or the college has conducted itself in a manner which is prejudicial to the interest of education. Neither the University nor the State Government has come to any such categorical conclusion so as to withdraw the affiliation granted. It was argued that the power to withdraw affiliation under Section 48[2] vests only with the Syndicate and through a motion for withdrawal initiated by the Syndicate, an action for disaffiliation can take place. The member who intends to move such a motion must give notice in writing. In the absence of such compliance, the withdrawal of affiliation is not sustainable.

8. Learned senior counsel further submitted that the affiliation relating to these colleges had expired on 30.08.2018 hence withdrawing the affiliation does not arise. The renewal applications submitted by the petitioners are still pending. In the circumstances, the procedure adopted by the University in passing a resolution to withdraw the affiliation of the petitioners institution are futile and pales insignificance in the circumstances of the case. Reliance is placed on the following judgments:

12. Section 48 contemplates for withdrawal of affiliation. It is beneficial to quote the said provision which reads as under:

"48. Withdrawal of affiliation .- (1) The rights conferred on a college by affiliation may be withdrawn in whole or in part or modified if the college has failed to comply with any of the provisions of sub-section (2) of section 45 or the college has failed to observe any of the conditions of its affiliation or the college is conducted in a manner which is prejudicial to the interest of education.

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withdrawal of affiliation as per the 142nd Syndicate Meeting.

18. The decision of withdrawal of affiliation, approval by the Government and final notification issued by the University are ex-facie not in conformity with Section 48 of the Act. Though an attempt has been made by the University to contend that the provisions of Section 48 are complied with, but failed to substantiate the same with the relevant material. The motion has to be moved for withdrawal of the affiliation only by the Syndicate after giving notice of it in writing giving the grounds on which it is made. No such notice by the Member of the Syndicate is issued to the petitioners. Similarly, the other Sub-sections of sending a copy of the notice and the written statement to the principal of the college concerned is adhered to. It is only on receipt of the representation or on the expiry of the period referred to in Sub-section [3], considering the notice of