Education Act, 1993, should not be varied by the affiliating authority, by reducing seats while issuing proceedings dated 18-4-2006. Further, there is no valid reason for reducing two seats while extending affiliation for the academic year 2005-2006. In the proceedings dated 30-1-2006, it was ordered for reduction of two seats under the management quota, but, however, there was no order for reduction of intake capacity so as to extend affiliation, confining to 98 seats only. Further, there was also no prior notice or enquiry before issuing the proceedings dated 30-1-2006 or 18-42006, either for reduction of seats in the management quota or extending affiliation by confining to 98 seats. Though it is submitted by the learned Standing Counsel for the respondents that there was an undertaking given by the petitioner-College, but however, it is to be seen, undertaking given by the petitioner will not come in their way to question impugned proceedings. However, I do not find any illegality in imposing penalty of Rs.1,00,000/- for making two admissions regularized for the academic year 2004-2005 is concerned. For the foregoing reasons, impugned memo in proceedings No.250/H/04-05/Acad/IV-2, dated 30-1-2006 , to the extent of reducing two seats under the management quota for the academic year 2005-2006 is set aside, and, consequently, further proceedings No.554-MR/H-B.Ed/2005-06/Acad/IV-2, dated 18-42006, reducing intake capacity by two seats, so far as petitionerCollege is concerned, is also set aside.
