LAXMI SHARMA AND ORS. versus V.C. CHHATRAPATI SAHUJI MAHARAJ UNIVERSITY AND ORS.

Citation: [2006] SUPP. 3 S.C.R. 65 · Decided: 23-06-2006 · Supreme Court of India · Bench: AR. LAKSHMANAN

Judgment (excerpt)

.,.\ 
LAXMI SHARMA AND ORS. 
A 
v. 
V.C. CHHATRAPATI SAHUJI MAHARAJ UNIVERSITY AND ORS. 
JUNE 23, 2006 
[DR. AR. LAKSHMANAN AND ALT AMAS KABIR, JJ.] 
B 
Uttar Pradesh State University Act; Section 37(2): 
Grant of temporary affiliation to a College by the University for certain 
period for conducting a medical course of study-University not allowing the C 
students to appear for the examination-Challenge to-High Court vide its 
interim order allowing the students to sit in the examination subject to final 
decision of the writ petition-Writ Petitions dismissed by the High Court-On 
appeal, Held: Committees of experts constituted by the University and also by 
the Medical Council conducted inspection three times and recommended grant D 
of permanent affiliation to the College-Temporary affiliation gramed for 
certain period only-High Court allowed the students in question to sit in the 
professional examination to complete the course of study-In such 
circumstances, University is directed to declare the results of the students who 
had appeared in the Final Examination of the Course of Studj-University is 
also directed to consider the issue of grant of permanent affiliation to the E 
College in question after affording them opportunity of being heard-Directions 
issued. 
A medical College admitted the students without having obtained 
affiliation from any recognized University. The Students were not allowed F 
to appear in the professional examinations conducted by the respondent-
University. The College applied for affiliation under Section 37(2) of the 
Uttar Pradesh State University Act. Only after such admissions, the State 
Government and the Secretary, Medical Education, constituted a 
Committee to inspect the college for the purpose of grant of affiliation to 
it. The Committee recommended grant of affiliation to the College. The G 
University granted temporary affiliation to it for a period of one year. 
Since the rules do not provide for grant of temporary affiliation, the college 
reiterated its prayer for grant of permanent affiliation. The Central 
Council of Indian Medicine after conducting a further inspection of the 
65 
H 
66 
SUPREME COURT REPORTS (2006] SUPP. 3 S.C:.R. 
A college granted permission to the college for conducting the Course of 
Bachelor of Ayurvedic Medicines and Surgery (BAMS) for the academic 
year 1997-1998, subject to prior permission of the State Government and 
affiliation to the University. However, since the students were not allowed 
to appear for the professional examination held by the University, they 
B filed writ petitions before the High Court for grant of permission to appear 
in the examination. The High Court, by its interim order, allowed the 
appellants to appear in the examination subject to the condition that their 
results would be subject to the decision in the writ petition. 
In the meantime, another inspection team constituted by the 
C University submitted its report reiterating that the college fulfilled all the 
requisite norms for grant of permanent affiliation in accordance with the 
provisions of Section 37 (2) of the University Act. The College also filed a 
writ petition before the High Court for a direction to grant permanent 
affiliation to the institution. 
D 
E 
The University granted ex-post facto extension of temporary 
affiliation of the college for certain period. In view of grant of such 
temporary affiliation, the University allowed some of the students to sit 
for the examinations. The University asked the college to get the 
examination forms filled up by the students along with examination fee 
so that results of the students could be declared, but the results have not 
been declared. 
Disposing of the writ petition, the High Court observed that since 
temporary affiliation had been granted to the college, the students 
admitted during that period had been so admitted illegally in the absence 
F of any affiliation and as such their cases could not be considered. The High 
Court was of the view that notwithstanding any hardship that such 
students may have to suffer, the Court could not direct the university to 
allow them to sit for 1the examination or that their results should be 
declared. Hence the present appeals filed by the aggrieved students and 
also hy the College. 
G 
Allowing the appeals filed by the Students and disposing of the 
appeals filed by the College, with certain directions, the Court 
HELD: I.I. It is evident that fr

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