University cannot grant retrospective affiliation to a college if it fails to obtain NOC from State Govt.

Rajasthan High Court: Shri Vinayak Mahavidhlaya, the petitioner-college has enrolled students in the academic session 2016-17 for B.Sc. First year without having a valid NOC from the State Government, or an affiliation for the course from the respondent-University. Retrospective affiliation to a college was refused to be granted as per clause 3.4.1 of the University Grants Commission (Affiliation of Colleges by Universities) Regulations, 2009 which provides that colleges can impart instruction only in subjects and for courses/programmes in the faculties, for which affiliation has been granted by the University concerned and retrospective affiliation will not be granted.

The University of Rajasthan affiliation rules apply to affiliations by the respondent-University by virtue of Section 49 of the Shekhawati University Act, 2012 under which it has been established. Rule 2.4.5 of the affiliation rules of the University of Rajasthan provides that an application to start a new college or to run fresh course(s) should be accompanied by an appropriate order from the Government permitting the Society/Trust to start the college with details of the courses/programmes intended to be offered. NOC of the State Government permitting the commencement of 3 year B.Sc. degree course was held to be a sine-qua-non for the respondent-University allowing affiliation to the petitioner college for its B.Sc. 3 year degree in the academic session 2016-17.

The respondent-University had informed the petitioner-college that it had violated the UGC Affiliation Regulations of 2009 as also the instructions of the State Government by admitting students in B.Sc. First Year in the academic session 2016-17 without having the requisite affiliation.

It was held that the petitioner-college was operating beyond the realm of law as it could not in any circumstance seek retrospective affiliation for its three year B.Sc. Degree course in the absence of a valid NOC issued by the State Government. [Shri Vinayak Mahavidhlaya v. Pandit Deendayal Upadhyaya Shekhawati University,  2017 SCC OnLine Raj 2205, decided on 10.08.2017]

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