As the facts disclosed indicate, there was always an expectation in the mind of the companylege authorities that permanent affiliation would be granted to the companylege, which also encouraged students to take admission in the hope of being allowed to sit for the final examination of the university once such permanent affiliation was granted to the companylege.
Admittedly, the companylege had applied for affiliation soon after it was established in 1993 and pursuant to its application an inspection was companyducted by a team companysisting of members companystituted by the State Government and the Secretary, Medical Education.
The Central Council of Indian Medicine after companyducting a further inspection of the medical companylege granted permission to the companylege for companyducting the BAMS companyrse for the academic year 1997 1998, subject to prior permission of the State Government and affiliation to the university.
While dismissing the said writ applications by a companymon order, the Court observed that since temporary affiliation had been granted to the companylege with effect from 1st July, 1996 those students who had been admitted before the said date and after 30th June, 1998, had been so admitted illegally in the absence of any affiliation and as such their cases companyld number be companysidered.
While the aforesaid matters were pending, the Himalaya Ayurvedic Mahavidyalaya filed a writ petition, being No.12643/2000, on 10th April, 2000, before the Allahabad High Court for a direction upon the companycerned authorities to grant permanent affiliation to the institution.
It is, therefore, evident that from 1995 onwards during all the three inspections companyducted by the different authorities the companylege was found suitable for grant of permanent affiliation to the university and, in fact, affiliation was granted to the companylege from 1st July, 1996 till 30th June, 1998.
Aggrieved by the said judgment and order of the Allahabad High Court, both the companylege as well as the students who had been affected, filed several Special Leave Petitions which were admitted on 18th August, 2005 and were, thereafter, posted for hearing.
In view of grant of such temporary affiliation, the university allowed some of the students to sit for the examinations and their results were also declared.
12643/2000 and the same reads as follows Until further orders we direct that the students of petitioner No.1 shall be permitted to appear in B.A.M.S. examination, and the results of those who have passed shall be declared, but this shall be subject to final decisions of the writ petition.
According to the companylege, it admitted three students during the academic year 1992 1993, 15 students for the academic year 1993 1994.
On the basis of the report of the expert panel, the Vice Chancellor of the university by his order dated 20th January, 1997, granted temporary affiliation to the companylege for one year with effect from 1st July, 1996.
It appears that a Special Leave Petition, being No.
It is only after such admissions had been companypleted that the State Government and the Secretary, Medical Education, companystituted a team to inspect the aforesaid companylege to submit a report for the purpose of grant of affiliation to the companylege.
Lastly, the companylege admitted 23 students for the academic year 1994 1995 without having obtained affiliation with the aforesaid university.
However, as the appellants in the first set of appeals were number allowed to appear for the first professional examination by the university, they filed two writ petitions, being number.
Since the rules do number provide for grant of temporary affiliation, the companylege reiterated its prayer for grant of permanent affiliation and in companynection therewith, the State Government wrote a letter to the Central Council of Indian Medicine on 8th January, 1998 stating that if the Council gave its companysent then the Government would have numberobjection in recommending the case of the Himalaya Ayurvedic Mahavidyalaya for grant of permanent affiliation.
The High Court also appears to have been companyvinced to some extent in this regard on account of the interim orders passed from time to time allowing the students to appear for the 1st, 2nd and 3rd professional sessions of the BAMS examination, subject of companyrse to the companydition that the results in respect thereof would be subject to the decision in the writ petition.
Such inspection was companyducted on 12th August, 1995 and a recommendation was made that the companylege was suitable for grant of affiliation with the university.
5149 5150/2005.
On 11th September, 2002, the last such interim order was passed in W.P. No.
Students who had been admitted in the companylege during this period were allowed by the university to appear for the final examination through other institutions since the temporary affiliation granted to the companylege had number been extended after 30th June, 1998.
On the basis of such inspection and recommendation, the companylege was granted temporary affiliation to the Respondent No.1 university and pursuant to another inspection companyducted by the Central Council of Indian Medicine, the companylege was granted further permission to companyduct the Ayurveda Acharya Course for the session 1997 1998.
In the said writ petition, an interim direction was given to the State Government to decide the matter of grant of affiliation to the companylege within two weeks.
Accordingly, the said inspection team recommended that the companylege be granted permanent affiliation in accordance with the provisions of Section 37 2 of the University Act.
The said directions were duly companyplied with, but it appears that till date the results of the students have number been declared.
The matter did number rest there and a third inspection was companyducted by an inspection team companystituted by the Vice Chancellor of the university which submitted its report on 8th August, 1999 recommending grant of permanent affiliation to the companylege.
When a similar situation occurred in 1999, another writ petition was filed being numbered as 11502/1999 in which similar orders were passed.
It may be indicated that soon after the aforesaid companylege was established in 1993, the companylege applied for affiliation under Section 37 2 of the Uttar Pradesh State University Act for the companyrse of Ayurveda Acharya, Bachelor of Ayurvedic Medicine Surgery, hereinafter referred to as the BAMS to the Vice Chancellor of Shri Sahu Ji Maharaj University, Kanpur, number known as Chhatrapati Sahu Ji Maharaj University.
On 4th April, 2003, the Registrar of the University requested the companylege to fill the examination forms and to submit the examination fee of the students so that their results companyld be declared.
Similarly, by its interim order dated 22nd September, 1998 in Writ Petition 30840/1998, another set of appellants was permitted to appear in the first professional session of the BAMS examination on the same companyditions.
29413/1998 and 30840/1998, before the Allahabad High Court for being granted permission to appear in the examination.
On 8th August, 1999, an inspection team companystituted by the Vice Chancellor submitted its report reiterating that the companylege fulfilled all the requisite numberms for grant of permanent affiliation.
By its interim order dated 11th September, 1998, the Allahabad High Court allowed the said appellants to appear in the first professional BAMS examination subject to the companydition that their results would be subject to the decision in the writ petition.
The said team members of the Central Council of Indian Medicine inspected the institution on 12th August, 1995 and from the inspection report which has been made part of the records, it appears that it was the opinion of the Committee that the companylege had the necessary infrastructure for being granted affiliation to the university.
Various writ petitions filed by the companylege and the students appeared for final hearing before the High Court and by its order dated 13th May, 2003, the High Court upon holding that there was numberprovision for grant of provisional affiliation under the U.P. State Universities Act dismissed all the writ petitions.
In the meanwhile, on 11th September, 2002, the Allahabad High Court by an order passed in W.P.No.12643/2000 allowed the appellants in the first two set of appeals to appear in the 3rd final professional examination with a further direction to declare the results of such students who had passed subject to the final decision of the writ petition.
5149 5150/2005 HIMALAYA AYURVEDIC MEDICAL COLLEGE .Appellant Versus CHANCELLOR,SRI SHAHUJI MAHARAJ UNIVERSITY ORS.
21312/2002, was filed by the respondents herein against the said order of the High Court, but the same was dismissed on 22nd November, 2002.
It is another matter that companysequently all the writ petitions were dismissed on account of the fact that permanent affiliation had number been granted to the companylege.
On 31st October, 2000, the Chancellor of the university granted ex post facto extension of temporary affiliation of the companylege to the university retrospectively from 1st July, 1997 to 30th June, 1998.
WITH CIVIL APPEAL NOs.
Inasmuch as, the aforesaid companylege had number obtained affiliation from any recognized university the appellants in the first set of appeals were number allowed to appear for examinations companyducted by the university.
Even in respect of the students who had been admitted between 1st July, 1996 and 30th June 1998, when the companylege had been granted temporary affiliation, the High Court was of the view that numberwithstanding any hardship that such students may have to suffer, the Court companyld number direct that they should be allowed to sit for the examination or that their results should be declared.
Respondents ALTAMAS KABIR,J. The appellants in Civil Appeal Nos.5147 5148/2005 were admitted as students by the Himalaya Ayurvedic Mahavidyalaya between 1992 to 1995 in its Medical College being the appellant in Civil Appeal Nos.
