DIVYA COLLEGE OF EDUCATION AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/37009/2026 · 2026-09-15
Vinod Diwakar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7306 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7306 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 37009 of 2026 Court No. - 38 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner and Ms. Shambhavi Tiwari, learned advocate holding brief of Shri Rohit Pandey, learned counsel for the respondent nos. 2 to 4. 2. The present petition has been filed seeking a writ in the nature of certiorari for quashing the impugned ex parte order dated 08.05.2026, passed by the Vice-Chancellor, Dr. Bhim Rao Ambedkar University, Agra/respondent no.3, whereby extension of affiliation to the petitioners' institution for running the B.Ed. course for the academic session 2026–2027 has been declined. 3. Learned counsel for the petitioner submits that the petitioner's institution, namely, Divya College of Education (College Code 1131), Shahzadpur Pauri, 28 Km Milestone, NH-2, Farah, District Mathura, is a privately managed, self-financed institution offering the B.Ed. course. The institution has been duly recognized by the National Council for Teacher Education (NCTE) since its inspection in 2016 and continues to hold such recognition. It has also been duly affiliated with Dr. Bhim Rao Ambedkar University, Agra, since 2016. 4. Learned counsel for the petitioner further submits that the impugned ex- parte order dated 08.05.2026 was passed without notice or opportunity of hearing, in violation of the principles of natural justice, and without affording the petitioner an opportunity to rectify the alleged mistake. 5. It next submitted that although the Hon'ble Supreme Court had fixed 10.05.2026 as the last date for submitting an application for extension of Versus Counsel for Petitioner(s) : Prashant Shukla, Ram Prakash Upadhyay Counsel for Respondent(s) : C.S.C., Rohit Pandey Divya College of Education & Another .....Petitioner(s) State of U.P. And 3 Others .....Respondent(s)
affiliation, the petitioner's application was rejected on 08.05.2026, i.e. two days prior thereto. It is also submitted that the petitioner's application dated 09.05.2023 for grant of permanent affiliation is still pending consideration before the respondent-University. Learned counsel has placed reliance upon the judgment of the Hon'ble Supreme Court in College of Professional Education & Ors. v. State of U.P. & Ors., passed in Special Leave to Appeal (Civil) No. 13040 of 2010. 6. Ms. Shambhavi Tiwari, learned counsel for respondent nos. 2 to 4, submits that the petitioner failed to deposit the requisite extension/recognition fee of Rs. 59,000/- within the prescribed cut-off date, i.e. 10.05.2026.
She further submits that, so far as admission is concerned, the counselling process has already been conducted on 10.09.2026 and the admissions are accordingly closed. In view of the aforesaid circumstances, no relief, as sought by the petitioner, can be granted. 7. After hearing learned counsel for the parties and without expressing any opinion on the merits of the case, the instant writ petition is disposed of with liberty to the petitioner to make a representation before the respondent- University, along with a certified copy of this order, raising all its grievances, including the grievance with regard to the impugned order dated
08.05.2026. In case such representation is filed within ten days from today, the respondent-University shall decide the same in the light of the judgment and order passed by the Hon'ble Supreme Court in College of Professional Education & Ors. v. State of U.P. & Ors. (supra), after affording due opportunity of hearing to the petitioner within three weeks of production of certified copy of this order. September 16, 2026 A. Tripathi WRIC No. 37009 of 2026 2 (Vinod Diwakar,J.) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad