COMMITTEE OF MANAGEMENT ANURAGI DEVI DEGREE COLLEGE & ANR. versus STATE OF U.P. & ANR.

Citation: [2016] 3 S.C.R. 198 · Decided: 29-06-2016 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Dismissed
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Judgment (excerpt)

[2016] 3 S.C.R. 198 
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COMMITTEE OF MANAGEMENT ANURAGI DEVI DEGREE 
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COLLEGE & ANR. 
v. 
STATE OF U.P. & ANR. 
(Civil Appeal No. 1894 of2016) 
JUNE29,2016 
[DIPAK MISRA AND SHIVA KIRT! SINGH, JJ.] 
Educational Institutions - Requisite recognition or affiliation 
- Admission of students - On facts, non-grant of affiliation to 
appellant-College by the University as the Schedule for the same 
was over - However, admission of students by college without having 
the necessary affiliation for the academic session 2015-2016 even 
after expiration of its temporary affiliation - Held: Benefit could 
not be extended as the appellant have not maintained the time 
schedule fixed by the State Government - University to consider 
the application for affiliation, if not considered already, and, if the 
affiliation is granted, the students who had been granted admission 
would be treated as students as admitted for the acadeniic session 
which would be covered by the affiliation to be granted in fi1ture. 
Dismissing the appeal, the Court 
HELD: 1.1 This Court has taken pains to explain the scheme 
of the Act, role of the university and the purpose of fixing a time 
schedule for each purpose. Certain action of the authorities can 
be flawed and eventually fall in the sphere of illegality. It has to 
be so declared by the Court. In the instant case, the benefit could 
not be extended as the appellants have not maintained the time 
schedule fixed by the State Government pursuant to judgments 
of this Court. Therefore, the order passed by the Single Judge 
as well as the Division Bench cannot be found fault with. [Para 
14) [210-D-E) 
Maa Vaishno Devi Mahi/a Mahavidyalaya v. State of 
U.P. and Others (2013) 2 SCC 617 : 2012 (13) SCR 
810 - relied on. 
1.2 The stand of the University is that the appellant College 
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COMMITTEE OF MANAGEMENT ANURAGI DEVI DEGREE 
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COLLEGE v. STATE OF U.P. 
has admitted students without having the necessary affiliation 
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for the academic session 2015-16. This kind of conduct has become 
a disease, and when the conduct becomes a disaster, it is a 
disastrous phenomenon. [Para 15] [210-F] 
1.3 The University has not granted affiliation as the schedule 
for the same was over. No appeal was preferred by the appellant 
College. The High Court rightly held that it cannot issue a writ 
contrary to the judgment of this Court. However, it is observed 
that the University should consider the application for affiliation, 
if not considered already, within a span of four weeks and, if the 
affiliation is granted, the students who had been granted admission 
would be treated as students as admitted for the academic session 
which would be covered by the affiliation to be granted in future. 
It is so directed so that the appellant College would not be in a 
position to admit any other student after affiliation is granted. 
[Para 18] [212-D-E] 
College of Professional Education and Others v. State 
of Uttar Pradesh and Others (2013) 2 SCC 721; Sunil 
Oraon (minor) through guardian and Others v. CBSE 
and Others (2006) 13 SCC 673: 2006 (8) Suppl. SCR 
1125; Adarsh Shiksha Mahavidyalaya v. Subhash 
Rahangdale and Others (2012) 2 SCC 425: 2012 (2) 
SCR 1; National Council for Teacher Education and 
Another v. Venus Public Education Society and Others 
(2013) 1 SCC 223: 2012 (10) SCR 919 - referred to. 
Case Law Reference 
2012 (13) SCR 810 
relied on 
Para 14 
(2013) 2 sec 121 
referred to 
Paras 
2006 (8) Suppl. SCR 1125 
referred to 
Para 15 
2012 (2) SCR 1 
referred to 
Para 16 
2012 (10) SCR 919 
referred to 
Para 17 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1894 
of2016. 
From the Judgment and Order dated 02.09.2015 of the High Court 
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of Judicature for Allahabad in Special Appeal No. 610 of 2015. 
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SUPREME COURT REPORTS 
[2016] 3 S.C.R. 
R. P. Bhatt, Sr. Adv., Rabin Majumder, Joydeep Mukherjee, Ms. 
Mansi Singh, Advs. for the Appellants. 
Kavin Gulati, Sr. Adv., Gaurav Bhatia, AAG, Rajeev Kumar Dubey, 
Avi Tandon, Rohit Sthalekar, Kamlendra Mishra, M. R. Shamshad, 
Shashank Singh, Ms. Garima Singh,, Advs. for the Respondents. 
The Judgment of the Court was delivered by 
DIPAK MISRA, J. 1. The first respondents vide its letter no. 
Aff.333/Seventy-6-2012-2 (356)/2012 dated 12.09.2012, granted prior 
permission for provisional affiliation to the appellant for a period of3 
years w.e.f. 01.07.2012 i.e. forthe period 01.07.2012 to 30.06.20
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