The court dismissed appeals challenging the retrospective application of fresh affiliation norms notified by the University. It held that new academic standards apply to all institutions seeking affiliation and existing NOC holders cannot claim parity with already affiliated institutions.
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1
In the High Court of Judicature for Rajasthan
Jaipur Bench * *
DB Special Appeal (Writ) No.1066/ 2013 DB Special Appeal (Writ) No.1067/ 2013 DB Special Appeal (Writ) No.1068/ 2013 DB Special Appeal (Writ) No.1095/ 2013
Dat e of Or der ::: 1 1 / 1 2 / 2 0 1 4
Hon 'ble Mr . Ju st ice Aj ay Rast ogi Hon 'ble Mr . Ju st ice JK Ran k a
Mr. Madhukar Tewari, for appellant. Mr. Arpit Srivastava, Dy. Govt. Adv. for respondent-1. Mr. Sandeep Pathak, for respondent-2.
All the four appeals since involves similar controversy for consideration are disposed of by the present order.
Indisputably, NOC was granted to the present appellants to run a new live stock assistant training institute vide order dt.20.6.2012 by the state govt. on certain terms and conditions and clause-6 of NOC indicates that such institution has to take affiliation from the University of Veterinary And Animal Sciences, Bikaner at their own and by the time the matter was processed for consideration, the University laid down its norms for the purpose to grant affiliation vide notification dt.19.1.2013 and 4.3.2013 and after fresh norms came into force such of the institution to whom NOC was granted by the state govt. were informed to subm it their application in the prescribed form in term s of the norms laid down for affiliation vide notification dt.19.1.2013 and 4.3.2013.
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Each of the appellant preferred writ petition before the ld. Single Judge with the grievance that such norms which are now prescribed by the University by issuing notification dt.19.1.2013 and 4.3.2013 could be made applicable with retrospective effect and two different standards for grant of affiliation to the institution seeking affiliation cannot be laid down by the respondent-University.
Ld. Single Judge of this Court after taking into consideration the material on record observed that once the fresh norms have been laid down vide notification dt.19.1.2013 & 4.3.2013, such of the institutions to whom NOC has been granted by the state govt. are supposed to follow for maintaining the academic standards.
Indisputably, in the instant case, either of the appellant has not furnished application in the prescribed form obviously that is to be made in term s of the notification laid down by the University of which reference has been made above.
Main thrust of submission of counsel for the appellant is that once the application was submitted, that has to be considered under the norms which were applicable and in vogue on the date of submission of application and if fresh norms are laid down by the University vide its notification dt.19.1.2013 and 4.3.2013 that cannot be made applicable with retrospective effect.
3
We do not find any justification in the submission made for the reason that once fresh norms have come into force to grant affiliation in maintaining the minim um academic standards of the institution such existing norm s can certainly be applicable to the institutions seeking affiliation and cannot claim parity with the existing affiliated institutions and this what the ld. Single Judge also considered in passing of the order impugned and taking note thereof after hearing the counsel for parties, we do not find any substance in either of
the appeal.
The appeals being devoid of merit accordingly dismissed. [ JK Ran k a] , J. [ Aj ay Rast ogi] , J. dsr/ - "All corrections made in the judgment/order have been incorporated in the judgment/order being emailed"
Datar Singh P.S.
1 issue framed by the court
Whether fresh norms laid down by the University for granting affiliation to training institutes can be applied retrospectively to applicants holding valid NOC.
1 provisions across 1 enactments
Appellants
University of Veterinary And Animal Sciences, Bikaner
respondent-2 (State Govt)
Ajay Rastogi
JK Ranka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
