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2025 DAILYLAW 48820 (ALL)

C/M BHARTI SANSTHAN AND ANOTHER v. STATE OF U.P. AND 7 OTHERS

WRIC/56015/2014 · 2025-01-15

Shekhar B Saraf, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6695-DB Court No. - 40 Case :- WRIT - C No. - 56015 of 2014 Petitioner :- C/M Bharti Sansthan And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Amrita Rai Mishra,Anil Tiwari,Ashish Jaiswal,M.D.Singh Shekhar,Prabhakar Awasthi Counsel for Respondent :- A.K. Shukla,G. Agarwal,Gautam Baghel,Neeraj Tripathi,Pooja Agarwal,Prakash Narayan Tirpathi,Rajesh Kumar Shukla,Vivek Verma Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. This writ petition has been filed praying for the following reliefs:- "i. Issue a writ, order or direction in the nature of CERTIORARI calling for the records of the case and quash the impugned decisions dated 17.12.2013 and 01.02.2014 passed by the Executive Council of Veer Bahadur Singh Purvanchal University, Jaunpur. ii. Issue a writ, order or direction in the nature of CERTIORARI calling for the records of the case and quash the order dated 21.07.2014 passed by the Chancellor of Veer Bahadur Singh Purvanchal University, Jaunpur and the further consequential proceedings pursuant to the impugned orders being taken by the University. iii. Issue a writ, order or direction in the nature of CERTIORARI calling for the records of the case and quash the impugned report dated 14.11.2013 passed by the District Magistrate, Jaunpur so far the finding against the petitioner regarding status of land is concerned. iv. Issue a writ, order or direction in the nature of MANDAUS commanding the respondents not to interfere in the peaceful functioning of the institutions namely Bharti Mahila Mahavidhyalay, Jaunpur and Shivani Gaurav Memorial Law College, Jaunpur. v. Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. vi. Award cost of the petition the petitioners. vii. To issue a writ, order or direction in the nature of certiorari quashing the order of the state government dated 20.05.2014 (Annexure no.-1-A) to the writ petition." 2. We have heard counsel appearing on behalf of both the parties and perused the record. 3. The central issue in the matter is the decision taken by the Executive Council wherein they have cancelled the affiliation of the petitioner college. The said decision was based on alleged false documents having been filed with regard to Khataunies of certain land being owned by the petitioner college. 4. Upon consideration of the entire matter, we are of the view that the decision that has been taken cannot now be quashed. However, we are of the view that the petitioner college is possibly having sufficient land which does not constitute part of the alleged forged Khataunies. Accordingly, we direct the petitioner to forthwith make a fresh application for affiliation with the Purvanchal University for the coming academic year 2025-2026. In the event such an application is made by the petitioner within a period of two weeks from date and the same is complete with all respect, the University authorities are directed to consider the same in accordance with law, grant an opportunity of hearing to the petitioner and thereafter pass a reasoned order on the application of the petitioner. 5. Needless to mention, if the petitioner college fulfills the conditions as required for affiliation, the University authorities shall grant the same to the petitioner in accordance with law. The entire exercise should be completed within a period of 10 weeks from date. 6. Accordingly, the writ petition is disposed. Order Date :- 15.1.2025 Rakesh (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad