The consequence of amendment made in Section 37 of the U.P. State Universities Act of 1973 is essentially three fold. Firstly, the power to grant affiliation now stands vested in the Executive Council of the University concerned and the requirement of prior approval of Chancellor/State Government stood dispensed with. Secondly, the privilege of affiliation can now be extended to a college only when it fulfills conditions of affiliation, as may be prescribed. Thirdly, the proviso which permitted grant of temporary affiliation even if conditions of affiliation were not fulfilled entirely but only substantially stood deleted. No further amendment is made in the U.P. State Universities Act after the year 2014. The Executive Council is thus empowered in the Act now to grant privileges of affiliation only if the college fulfills all conditions of affiliation as are specified in the Statutes of the University. The object for which temporary affiliation was made permissible i.e. to secure fulfillment of all conditions of affiliation while granting affiliation even if conditions of affiliation are only substantially fulfilled and not in its entirety ceased to exist. Yashraj College of Professional Studies v. State of U.P. , Writ – C No. – 31170 of 2019
Category Archives: Education Law
Power of Executive Council – To Grant Priveleges of Affiliation
Filed under Priveleges of Affiliation
Purpose of ‘Recognition’ and ‘Affiliation’
Under Section 14 and particularly in terms of Section 14(3) (a) of the National Council for Teacher Education Act, 1993, the NCTE is required to grant or refuse recognition to an institute. It has been empowered to impose such conditions as it may consider fit and proper keeping in view the legislative intent and object in mind. In terms of Section 14(6) of the Act, the examining body shall grant affiliation to the institute where recognition has been granted. In other words, granting recognition is the basic requirement for grant of affiliation. It cannot be said that affiliation is insignificant or a mere formality on the part of the examining body. It is the requirement of law that affiliation should be granted by the affiliating body in accordance with the prescribed procedure and upon proper application of mind. Recognition and affiliation are expressions of distinct meaning and consequences. In Bhartia Education Society v. State of Himachal Pradesh, (2011) 4 SCC 527, it was held:
“The purpose of ‘recognition’ and ‘affiliation’ is different. In the context of the NCTE Act, ‘affiliation’ enables and permits an institution to send its students to participate in public examinations conducted by the examining body and secure the qualification in the nature of degrees, diploma and certificates. On the other hand, recognition is the licence to the institution to offer a course or training in teaching education.” Dr. A.H. Rizvi Degree College v. State of U.P., (2018) 1 UPLBEC 787.
Filed under Affiliation and Recognition, Education Law
Distance Education Course – Beyond Territorial Jurisdiction of University
In Kurmanchal Institute of Degree and Diploma v. MJP Rohilkhan University, (2007) 6 SCC 35, the Hon’ble Supreme Court held while construing the provisions of the UGC Act and the Uttar Pradesh State University Act, 1973 that each University in the country, though recognized by the UGC, must have its own territorial jurisdiction, save and except for Central Universities or those specified in legislative enactments. In that context, the Supreme Court observed as follows:
“The submission of the learned counsel that for the purpose of running a distance education course, extra territorial activities must be carried out may not be entirely correct. It is one thing to say that the University takes recourse to the correspondence courses conferring degrees or diplomas but it would be another thing to say that study centres would be permitted to operate which requires close supervision of the University. In a study centre, teachers are appointed, practical classes are held and all other amenities which are required to be provided for running a full-fledged institution or college are provided. Such an establishment although named as a study centre and despite the fact that the course of study and other study materials are supplied by the University cannot be permitted to be established beyond the territorial jurisdiction of the University”. Akhtar Ali Ansari v. State of U.P., (2016) 1 UPLBEC 669 (FB).
Filed under Distance Learning Course, Education Law, Uncategorized