Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 125532 (ALL)

C/M S.G.M INSTITUTE OF PHARMACY, GHAZIPUR THRU. DIRECTOR, ALOK KUMAR TRIVEDI v. STATE OF U.P. THRU. PRIN. / JOINT SECY., DEPTT. OF TECHNICAL EDUCATION, LKO. AND OTHERS

WRIC/1877/2025 · 2025-02-27

Manish Mathur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:11867 Court No. - 19 Case :- WRIT - C No. - 1877 of 2025 Petitioner :- C/M S.G.M Institute Of Pharmacy, Ghazipur Thru. Director, Alok Kumar Trivedi Respondent :- State Of U.P. Thru. Prin. / Joint Secy., Deptt. Of Technical Education, Lko. And Others Counsel for Petitioner :- Rajat Rajan Singh Counsel for Respondent :- C.S.C.,Atul Kumar Dwivedi,Ravi Singh Hon'ble Manish Mathur,J. 1. Heard Mr. Rajat Ranjan Singh learned counsel for petitioner, learned State Counsel for opposite party No.1, Mr. Ravi Singh learned counsel for opposite party No.2 and Mr. Atul Kumar Dwivedi learned counsel for opposite party No.3. 2. Petition has been filed challenging order dated 6th January, 2025 passed by government approving recommendations for withdrawing/cancelling privileges of affiliation granted to petitioner's institution earlier for B-Pharma Course with 60 seats for academic year 2024-25. Subsequent order dated 23rd January, 2025 passed by opposite party No.3, the university, in pursuance thereof is also under challenge. Consequential relief has also been prayed for. 3. Learned counsel for petitioner submits that earlier the petitioner's institution had been admitted to the privileges of affiliation on 2nd December, 2024 whereafter the impugned order has been passed without affording any opportunity of hearing or calling report from the institution concerned. 4. Learned counsel has drawn attention to Section 23(6) and (9) of the State Technical Universities Act 2000 as well as Regulation 6.17 of the Dr. A.P. J. Abdul Kalam Technical University First Regulations 2010 to submit that in case affiliation has been granted to any institution concerned and certain deficiencies are indicated by any subsequent inspection, it is incumbent upon the authorities concerned to call for a report from the management of the college prior to withdrawing or cancelling the aforesaid affiliation. 5. Learned counsel for opposite parties have refuted submissions advanced by learned counsel for petitioner with submission that the impugned orders have been passed after subsequent inspection indicated various deficiencies in infrastructure of the institution concerned. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, the provisions of Section 23 of the Act and Regulation 6.17 of the Regulations of 2010 make it evident that prior to withdrawing or cancelling of affiliation already granted, it is incumbent upon the authorities to first call for a report from the management of the college and to afford an opportunity of hearing to such management. 7. In the present case, a perusal of the impugned order will make it evident that aforesaid privisions have not been followed. The learned counsel for opposite parties have also not been provided any instructions to the contrary. 8. In view of the fact that impugned orders have been passed withdrawing/canceling the provisions of affiliation granted earlier without following the statutory provisions of Section 23 of the Act and the Regulation 6.17 of the First Regulations, the impugned orders dated 6th January, 2025 and 23rd January, 2025 are hereby quashed by issuance of writ in the nature of Certiorari granting liberty to opposite parties to act in accordance with statutory provisions indicated herein above. 9. In view of aforesaid, the writ petition succeeds and is allowed at the admission stage itself. Parties to bear their own cost. Order Date :- 27.2.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench