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
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As per Article 30 of the Constitution of India all minorities based on religion or language have been granted the right to establish and administer educational institutions of their choice. The nature of right of a minority institution to establish and administer an educational institution has been the subject matter of consideration in various decisions of the Hon’ble Supreme Court. While the right to ‘establish’ an educational institution has been held to mean to bring into existence an educational institution, the word ‘administer’ means the right to manage and conduct the affairs of the institution. There is a freedom to choose the managing body, the Principal and the staff. There is also freedom to admit students of its own choice. However the right to administer is not an absolute right and there is requirement to comply with conditions of recognition and affiliation. The right to administer has been held not to include the right of mal-administer. The general rules and regulations relating to the conditions of service and tenure of teachers under the employment of minority institutions are required to be consistent with such rules and regulations as framed by the State. Applicability of the provisions of Article 30(1) of the Constitution to a minority institution would not make it immune from the operation of regulatory measures. The extent of regulations by the State is permissible in the matter of service conditions of employees but without interfering with the overall administrative control by the Management over the staff. Professor Manorama Prakash Khandekar v. State of Maharashtra, 2020 SCC Online Bom 471.
The term “Institution” had been considered by House of Lords in Mayor and C. of Manchester v. Mc-Adam (Surveyor of Taxes), 1896 AC 500. A distinction was sought to be drawn up between the “Institution” and the “Property of the Institution”. It was observed as under:
“It is a word employed to express several different ideas. It is sometimes used in a sense in which the “institution” cannot be said to consist of any persons, or body of persons, who could, strictly speaking, own property. The essential idea conveyed by it in connection with such adjectives as “literary” and “scientific” is often no more than a system, scheme or arrangement, by which literature or science is promoted without reference to the persons with whom the management may rest, or in whom the property appropriated for these purposes may be vested, save in so far as these may be regarded as a part of such system, scheme or arrangement. That is certainly a well recognized meaning of the word.
In Imperial Dictionary it is defined as follows:
“A system, plan or society, established either by law, or by the authority of individuals, for promoting any object, public or social. An illustration of this use is to be found in the Libraries Act itself. When the libraries which the authorities referred to in that Act may provide are termed “Institution” the term conveys the idea of buildings stored with books, with access to them by the public for the purpose of reading, together with the arrangements made for their use.
In Kamaraju Venkta Krishna Rao v. Sub-Collector, Ongole, AIR 1969 SC 563, it was observed:
“According to the dictionary meaning, the term “Institution” means “a body or organization of an association brought into being for the purpose of achieving some object.” Oxford dictionary defines an “Institution” as “an establishment, organization or association, instituted for the promotion of some object especially one of public or general utility, religious, charitable, educational etc.” Church of North India Trust Association v. Union of India, 2017 (135) RD 36.