MP HC | University cannot grant affiliation with 50% affiliation fees until mandatory conditions are fulfilled

Madhya Pradesh High Court: This petition was filed before the Bench of S.C. Sharma and Virender Singh, JJ., stating that the Society of the petitioner was a registered Society under the M.P. Society Registrikaran Adhiniyam, 1973 and was running a College in the style of Shri Dadaji College, Satwas.

It was contended by the petitioner that they were entitled to 50% affiliation fees as the College was located in Sub-District Level. It was brought before Court that earlier also petitioner had filed a petition which was decided by this Court by an order on record whereby the Division Bench had directed the respondent university to pass a speaking order. As a consequence of above respondent had passed a speaking order which is on record reflecting the non-compliance of mandatory conditions as mentioned under Section 27 read with Section 13(3) of the M.P. Vishwavidhyala Adhiniyam, 1973. Respondent submitted that until and unless the deficiencies pointed out in the order are removed the granting of affiliation with 50% fees does not arise.

High Court was of the view that since petitioner had failed to remove the deficiencies as pointed by respondents the admission ought to be declined with the liberty to approach the University for grant of affiliation after the deficiencies are removed. [Dadaji Shashanik Avam Samajik Samiti v. State of M.P., 2019 SCC OnLine MP 717, dated 22-04-2019]

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