C/M S.G.M Institute of Pharmacy, Ghazipur Thru. Director, Alok Kumar Trivedi Vs State of U.P. Thru. Prin. / Joint Secy., Deptt. of Technical Education, Lko. and Others — Allahabad HC (2025) — LawSathi Research

C/M S.G.M Institute of Pharmacy, Ghazipur Thru. Director, Alok Kumar Trivedi Vs State of U.P. Thru. Prin. / Joint Secy., Deptt. of Technical Education, Lko. and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition allowed at the admission stage itself; both impugned orders dated 6th January, 2025 and 23rd January, 2025 quashed by issuance of writ in the nature of Certiorari, with liberty to the opposite parties to act in accordance with the statutory provisions; parties to bear their own costs.

Issue for consideration

Whether the impugned orders withdrawing/cancelling the privileges of affiliation already granted to the petitioner's institution were passed without following the statutory requirement under Section 23 of the State Technical Universities Act 2000 and Regulation 6.17 of the First Regulations of 2010 that, prior to withdrawal/cancellation, the authorities must first call for a report from the management of the college and afford it an opportunity of hearing.

Court's answer

Under Section 23 of the Act and Regulation 6.17 of the Regulations of 2010, prior to withdrawing or cancelling 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.

Ratio / Principle

In the present case, the impugned order demonstrates that the aforesaid requirements (report from the management and opportunity of hearing) were not followed; learned counsel for opposite parties were also not provided any instructions to the contrary.

Key takeaways

Since the impugned orders were passed withdrawing/cancelling the affiliation granted earlier without following the statutory provisions of Section 23 of the Act and Regulation 6.17 of the First Regulations, both impugned orders dated 6th January, 2025 and 23rd January, 2025 stand quashed by issuance of writ in the nature of Certiorari, with liberty to opposite parties to act in accordance with the statutory provisions indicated.ratio¶¶13

Detailed headnote1 paragraphs

WRIT - C No. 1877 of 2025, High Court of Judicature at Allahabad, Lucknow Bench, decided 27.2.2025 by Hon'ble Manish Mathur, J. The petitioner institution (C/M S.G.M Institute of Pharmacy, Ghazipur), which had been admitted to the privileges of affiliation on 2nd December, 2024 for the B-Pharma Course with 60 seats for academic year 2024-25, challenged the government order dated 6th January, 2025 approving recommendations for withdrawing/cancelling those privileges of affiliation and the consequential order dated 23rd January, 2025 passed by opposite party No.3, the university. Held: Section 23 of the State Technical Universities Act 2000 read with Regulation 6.17 of the Dr. A.P.J. Abdul Kalam Technical University First Regulations 2010 make it incumbent upon the authorities, prior to withdrawing or cancelling affiliation already granted, to first call for a report from the management of the college and to afford it an opportunity of hearing; a perusal of the impugned order showed these provisions were not followed, and counsel for the opposite parties had no instructions to the contrary. Accordingly both impugned orders were quashed by issuance of writ in the nature of Certiorari, granting liberty to the opposite parties to act in accordance with the statutory provisions. The writ petition succeeded and was allowed at the admission stage itself, parties bearing their own costs.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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