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2025 DAILYLAW 9076 (UTT)

GYANARTHI MEDIA COLLEGE v. KUMAON UNIVERSITY NAINITAL

WPMS/2131/2025 · 2025-07-16

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2131 of 2025 (M/S) Gyanarthi Media College ….......Petitioner Vs. Kumaon University Nainital and Others …..... Respondents Present : Mr. (Dr.) Govind Singh Latwal and Mr. Chandra Shekhar Joshi, Advocates for the petitioner. Mr. Ganesh Kandpal, D.A.G. with Mr. Suyash Pant, Standing Counsel for the State/respondent nos.2 and 3. Mr. R.S. Bisht, Advocate for the respondent no.1/University. Mr. Vijay Bhatt, Advocate for the respondent no.4. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) By means of the instant petition, the petitioner seeks the following reliefs:- i. To issue an appropriate writ order or direction and set aside the effect of letter no. K.U/Affiliation (Security)/2025/1061 dated 28.03.2025 issued by the Registrar, Kumaon University Nainital and further declaring the imposition of Rs. 35,00,000 as a security deposit by Kumaun University for the B.A in Journalism and Mass Communication, B.A. in Animation and design, Bsc in Fashion design and Bachelor of Fine Arts, B.Com (Financial Accounting) B.Com (Banking and Finance) Course affiliation process as arbitrary, Irrational, and in violation of the Kumaun University Guidelines regarding Affiliation and security deposits and quash the same. ii. To issue an appropriate writ, order, or direction and set aside the effect of letter no. K.U/Affiliation (Security)/2025/1061 dated 28.03.2025 issued by the Registrar, Kumaun University Nainital and further declaring the imposition of Rs. 15,00,000 as a security deposit by Kumaun University for the B.Com Course affiliation process as arbitrary, Irrational and in violation of the Kumaun University Guidelines regarding Affiliation and security deposits and quash the same. iii. To issue an appropriate writ order or direction in the nature of mandamus directing the respondent no.1 to adhere to the security deposit prescribed in Kumaun University Guidelines applicable till academic session 2 2024-25 regarding Affiliation and security deposits and further direct the respondent no.1 to continue the inspection process for academic year 2025-2026 and ensure timely completion of affiliation process of the college. iv. To issue an appropriate writ order or direction in the nature of mandamus Directing respondent no.1 to consider B.A. in Journalism and Mass Communication, B.A. in Animation Design, B.Sc in Fashion design and Bachelor of Fine Arts, B.Com (Financial Accounting) B.Com (Banding and Finance) Course as non professional course and not to force the Educational Institute to meet the compliances required for professional courses since there is no Regulatory body associated with these Courses and course is managed by Kumaun University Regulations only. v. Issue a suitable writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the petitioner submits that the matter is squarely covered by the judgment dated 10.07.2019, passed by the Division Bench of this Court in Special Appeal No.657 of 2019, Aim Institute of Hotel Management and another Vs. State Information Commission and others. 4. Learned counsel for all the respondents admit this fact. 5. Since the matter is covered, instant petition is decided in terms of the judgment dated 10.07.2019, passed by the Division Bench of this Court in Special Appeal No.657 of 2019, Aim Institute of Hotel 3 Management and another Vs. State Information Commission and others. 6. The petitioner shall make a representation to the respondent no.1, which shall be dealt with, in accordance of the Para No.7 of the judgment dated 10.07.2019, passed in SPA No.657 of 2019. (Ravindra Maithani, J.) 16.07.2025 Ravi Bisht