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(Judgment/Order in Text Format) This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Deputy Registrar(Copying). HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - C No. - 3087 of 2012 Petitioner :- Innovative College Of Pharmacy Respondent :- State Of U.P. And Anohter Petitioner Counsel :- Anoop Trivedi Respondent Counsel :- C.S.C.,Neeraj Tiwari Hon'ble Rajes Kumar,J. Heard Sri Anoop Trivedi, learned counsel for the petitioners, and Sri Neeraj Tiwari, learned counsel appearing on behalf of the respondent no.2 as well as learned Standing Counsel. Petitioner is an institution, recognized for various courses, but till date it is not recognized for the course of M. Pharma (Pharmaceutics). The institution moved the application for recognition/approval of the said course. The committee of All India Council for Technical Education (hereinafter referred to as the "AICTE") has approved the course and made recommendation for the grant of affiliation. The University has also made the inspection on 22.08.2011 and now the matter has been referred to the State Government for the grant of affiliation and the matter is seized with the State Government. Now the University has declared the programme for the examination of Ist Semester, which is going to be held from 10th January, 2012. Learned counsel for the petitioner submitted that as per the Government Order dated 17.8.2011 issued by the Registrar of the University, the institution has been permitted to fill up the vacant seats and in pursuance thereof, the petitioner has taken admissions, therefore, the students of the petitioner's institution are entitled to appear in the examination. He further submitted that it is the normal feature that though affiliation is being applied in the month of March/April in the beginning of the session but affiliation is being normally granted at the end of the session either before the examination commences or sometime even after the examination. By means of the present petition, the petitioner is seeking the direction to the respondents to permit the students of the petitioner's institution to appear in the Ist Semester examination scheduled to be held from 10th January, 2012. Sri Neeraj Tiwari, learned counsel for the University, submitted that the admission has been taken by the institution directly and not through the entrance examination. However, he submitted that as per the Government Order dated 17.8.2011 issued by the Registrar of the University, the institution has been permitted to fill up the vacant seats and in pursuance thereof, the institution has been granted admissions. He submitted that unless affiliation is granted by the State Government, the University cannot permit the students of the institution to appear in the examination. He, however, submitted that the matter relating to the grant of affiliation is pending before the respondent no.1. He has placed reliance on the decision of the Apex Court in the case of C.B.S.E. Vs. P. Sunil Kumar, reported in 1998-ALT-4-12 and in the case of Minor Sunil Oraon Jr. Guardian Vs. C.B.S.E., reported in 2006 AWC-7-7641. I have considered the submissions of learned counsel for the parties and perused the documents. It is not in dispute that the matter relating to the grant of affiliation of the course, M. Pharma (Pharmaceutics) is pending before the respondent no.1. Affiliation has not yet been granted. In these circumstances, no mandamus can be issued at this stage permitting the students of the

institution to appear in the Ist Semester examination. However, in case if the affiliation will be granted by the State Government, the University may hold a special examination for the students of the petitioner-institution of Ist Semester in future, within a period of four weeks from the date of grant of the affiliation by the State Government, provided the students fulfill other requisite requirements. The State Government is directed to dispose of the matter relating to the affiliation expeditiously, preferably within a period of four weeks from the date of presentation of the certified copy of this. With the aforesaid observations, the writ petition stands disposed of. Order Date :- 17.1.2012 bgs/

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