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Colleges admitting students without affiliation is a "disastrous phenomenon": SC [Read Judgment]

LiveLaw News Network
29 Jun 2016 3:56 PM GMT
Colleges admitting students without affiliation is a disastrous phenomenon: SC [Read Judgment]
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Supreme Court of India Today has slammed the colleges admitting students without affiliation terming that “this kind of conduct has become a disease, and when the conduct becomes a disaster, it is a disastrous phenomenon”. 

The two Judge Bench of Justices Dipak Misra and Shiva Kirti Singh has dismissed the Appeal filed by Committee of Management Anuragi Devi Degree College against the Judgment of Allahabad High Court.

The Anuragi Devi Degree College applied on 10.03.2015, to the Deen Dayal Upadhyay Gorakhpur University for constituting an Inspection Panel for granting permanent affiliation to the University. Upon perusal of the application dated 10.03.2015 submitted by the College, the University vide its letter No. DDUGU/Aff.2015/5096 dated 20.03.2015 constituted an Inspection Panel to submit status report of the appellant as far as the Infrastructural Facilities existing in the appellant’s college were concerned. The Regional Higher Education Officer Gorakhpur submitted its inspection report on 06.11.2015 to the University. As per Time Schedule prescribed by the State Government, the Inspection Report was not received within the prescribed date. In the absence of the required Inspection Report, the University did not grant permanent affiliation to the appellant for the Academic Session 2015-16. Without giving an Appeal to the Government, the College has approached the Allahabad High Court. Since the single Bench didn’t interfere with the order, College appealed to the Division Bench. The Division bench also refused to allow the Appeal.

Dismissing the Appeal the Supreme Court held that “the stand of the University is that the appellant College has admitted students without having the necessary affiliation 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. The High Court rightly held that it cannot issue a writ contrary to the judgment of this Court’.

However, the Court observed that ‘the University shall 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 shall be treated as students as admitted for the academic session which would be covered by the affiliation to be granted in future. We have so directed so that the appellant College would not be in a position to admit any other student after affiliation is granted’.

Read the Judgment here.

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