Judgment:
V.K. Bali, J.
1. Guru Nanak Education Trust (Registered), Ludhiana through its President Gurinder Singh and Secretary Jagdev Singh, through present petition filed by it under Article 226 of the Constitution of India, seeks issuance of writ in the nature of mandamus directing the respondents to grant it affiliation for Bachelor of Business Administration and Bachelor of Computer Applications (for short 'BBA' and 'BCA') courses for the Session 1998-99 in Guru Nanak Girls College, Model Town, Lodhiana as per the provisions of the Punjab University Act, 1947 and Punjab University Calendar, Volume I, Chapter 8-A, pertaining to affiliation of Colleges with Punjab University, Chandigarh.
2. The desired relief is sought to stem on the facts that petitioner-Trust was registered/founded for upliftment of intellectual and economic status of the people in 1969 and is running the College since 1970. The College was running BBA and BCA courses affiliated to CSM/IGS Canada/ America in Marketing Management, Finance, Personnel and Fashion Technology and on July 22,1998 an advertisement appeared in the Indian Express for affiliation of BBA and BCA courses and regarding commencement of admissions to these courses in the Colleges affiliated to Punjab University. On July 29, 1998 the Secretary of the College discussed the matter with the President and an application was made to the Vice-Chancellor, Punjab University, Chandigarh stating therein that no circular from the University Office to the affiliated colleges or any telephonic/ fax message for affiliation of new courses was received and after going through the news item in the Indian Express on July 22, 1998 and advertisements of some of the Colleges, it was revealed that the affiliation had been made. On contacting the University Officials, it was further revealed that the matter regarding affiliationsstood finalised on July 25, 1998 itself. On July 29, 1998 petitioner received a letter dated July 21, 1998 from the Dean, College Development Council mentioning that the respondent-University had decided to introduce BBA and BCA courses w.e.f. the Session 1998-99 and the scheme of admission was mentioned. Petitioner addressed a letter to the Chancellor of the Punjab University on August 1, 1998 detailing the facts and requested for affiliation of the BBA and BCA courses. However, when such a request was not entertained, present writ, for the relief, as referred to above, was filed.
3. The basic and in fact the only contention of learned counsel for the petitioner is that for the first time vide letter dated July 21, 1998 which was received on July 29, 1998 petitioner was asked to apply for affiliation. It made a request for affiliation on July 27, 1998 after coming to know from the news item and yet the affiliation had not been granted on the ground that the application had been received late. This was the contention of the learned counsel for the petitioner when notice of motion was issued and continues to be the same.
4. Pursuant to notice issued by this Court, respondents have entered defence by filing writ-ten statement and contested the claim of the petitioner, It has been pleaded that no legal right much less the statutory right of the petitioner has been infringed . It has further been pleaded that the contents of the writ petition are self-contradictory. On the one hand, petitioner has stated that it was asked for the first time to apply for affiliation for BBA and BCA courses vide letter, Annexure P-8, which was received on July 29, 1998 while on the other hand it has admitted that vide news item dated July 22, 1998 the University asked the Colleges to apply for affiliation. Petitioner applied in response to news item and not on the basis of circular dated July 21, 1998. This would clearly show that the petitioner was aware on July 22, 1998 through news item that University has invited applications for affiliation for BBA and BCA courses. The said news item which appeared in the leading dailies clearly stated that the colleges desirous of starting the BBA/BCA course should apply for affiliation immediately and that the admissions would start on July 27, 1998. The contents of the news item read as follows :--
'Admission to Bachelor of Business Administration (BBA) and Bachelor of Computer Applications (BCA) courses in colleges affiliated to PU will commence from this academic session.
The necessary orders for the introduction of the course was issued by the office of the Dean, College Development Council, Dr. Deepak Manmohan Singh here today. The admissions to these courses will commence from July 27.
Colleges have been asked to apply for affiliation for these courses to the Dean, College Development Council immediately. The applications will be scrutinised and affiliation granted to those institutions which possess the necessary infrastructure.
The normal dates of admission would be July 27 to August 1 while late admissions along with late fees of Rs. 75/- will be allowed from August 3 to 8 with the permission of the Principal of the College. Late admission with the permission of the Vice-Chancellor will be allowed from August 10 to 21. Such students will, however, have to pay a late fee of Rs. 400/-. The issue of introduction of the course had become contentious with some University Syndicate members expressing their reservation over the beginning of the course.'
5. It is then pleaded that the Syndicate of the Punjab University, vide paras 46 and 47 of its meeting dated July 1, 1998 approved the introduction of BBA/BCA courses w.e.f. the admission of 1998. Consequent upon the said decision, a meeting was held on July 21, 1998 under the Chairmanship of the Dean of University Instructions to discuss the modus operandi for starting these courses. After discussing the matter thoroughly the following recommendations were made :
'1. A press note be issued for publication in leading dailies and circulation to Principals, Science and Commerce Colleges for information that the University has decided to start Bachelor of Business Administration (BBA) and Bachelor of Computer Applications (BCA) Courses w.e.f. the Sessions 1998-99 and the interested existing affiliated colleges may apply for affiliation of these courses giving details of the infrastructure and other facilities available with them in running classes in these courses.
2. The applications received from colleges be scrutinised by the following Committee :--
1. DUI Chairman,
2. Dean, Science Faculty,
3. Dean, Faculty of Commerce,
4. Dean, College Development Council,
5. Chairman, University Business School,
6. Chairman, Centre for Computer Science,
7. Shri CM. Bahl,
8. Dr. R. D. Anand,
9. Registrar/D.R. Colleges (Convener).
3. The following schedule of admission be fixed for admission to these courses for the Session 1998-99 :--1. Normal admissions with- 27-7-1998 toout late fee 1-8-19982. Late admission with permission of 3-8-1998 toPrincipal with late fee of Rs. 75/- 8-8-19983. Late admission with the permission 10-8-1998 toof the Vice Chancellor with late fee 21-8-1998of Rs. 400/-'
6. The aforesaid recommendations were placed before the Vice-Chancellor who approved the same on July 21, 1998 and as a result of which a press note was published in various new papers on July 22, 1998. Petitioner was well aware of the news item, Annexure P-l wherein it was clearly indicated that the admissions would start on July 27, 1998. It was, thus, clear that the Colleges were required to apply immediately, i.e., before July 27, 1998 because the admissions were to start on July 27, 1998. However, the petitioner applied on July 27, 1998. Only those Colleges were granted affiliation which had applied up to July 25, 1998. The University had decided that the applications received after July 25, 1998 would be considered for the Session 1999-2000 and the petitioner was accordingly informed. It is further the case of respondents that if the University had continued receiving applications, it could not have adhered to the schedule of admission announced in the news items, as mentioned above.
7. We have given our anxious thought to the whole situation and even though we are of the view that individual notices to the Colleges have been sent when the time lag between the news item and the last date for making the application was too short and that the petitioner did receive an intimation after the expiry of the date, therefore, the University, had acted in such a manner that someone like the petitioner could have been adversely affected, yet, in overall facts and circumstances of the case, it appears too late a stage to direct the respondent-University to grant affiliation to the petitioner-College for BBA and BCA courses. We may mention here that we had called an Expert from the University to know that if the affiliation was to he granted to the petitioner-Institute now, whether the students, who might be admitted, shall be able to complete their course or not. It may be mentioned here that learned counsel for the petitioner was at pains to explain that by holding extra classes, the course can be completed and the same would not adversely affect the students in any manner whatsoever. Considering his aforesaid contention, we had called an Expert from the University, who might assist the Court in coming to the conclusion which was crucial, i.e., as to whether, if the students are to be admitted now, they would be able to complete their course. Mr. R.P. Gupta, Chairman of the University Business School has personally appeared before us and has apprised the Court that it shall not be possible for the petitioner to complete the course in the remaining period i.e., up to March, 1999. His written note which is in the shape of opinion and which has been placed on records, reads thus :--
'The BBA Course started in the first week of August, 1998. In fact, the normal classes should have started in the second week of July, 1998. Since the said course was started for the first time during this session, therefore, there was some delay because the University had to fulfil certain condition relating to affiliation.
The BBA course is a professional programme and there are 8 papers in BBA First Year. The course contents of these papers are heavy. Two months have already been lost and it is not possible to complete the course during the remaining period i.e. up to March, 1999. If the course is started at such a belated stage then it will not be possible for the college to cover the whole syllabus. That will also not be in the interest of the students to cover such a heavy professional programme in such a short period. The said programme is a professional one wherein the students are expected to interact with industry. There is already a loss of 25% time and to cover this loss, they will have to increase work load up to 33% daily.
Even otherwise also the said course cannot possibly be started before the third week of October, 1998 because the College is yet to be granted affiliation and thereafter they have to complete the admission process which may take some time.'
8. If, perhaps, it was possible for the College to cover the whole syllabus or the students might have not been adversely affected in their studies in completing the course in the remaining period, which got reduced, we would have very seriously considered issuing a direction to the respondent-University to grant affiliation to the petitioner-Institution but at this stage it is difficult to interfere in the matter. Though reluctantly, we dismiss this petition but make it clear that the respondent-University will consider the request of the petitioner for the next academic year on the application already made by it, and convey its decision to it well in advance. All inspections etc. which are required to be done, must be carried out at least a month before the commencement of the next session.