'Students Not At Fault': High Court Directs Calcutta University To Register Botany Students Of State-Aided College Lacking Affiliation

While allowing the petition, the bench of Justice Kaushik Chanda observed:

“The students are not at fault. Since the course was offered by a State aided college, they may have taken admission under the bona fide belief that the course had due affiliation from the university.”

The petitioner college was granted an “extension of affiliation” on 11.03.2019 by the letter issued by University of Calcutta for Botany (Hons.) course provisionally only for three years with effect from the academic session 2019-2020, inter alia, on the condition that three more full-time teachers in addition to the existing strength for Botany (Honours) be appointed for the session 2019-2020 and requested not to admit any students until an affiliation letter is received by the college from the university.

It was submitted by the respondent university that despite the failure of college to fulfil the said condition it allowed the students of Botany (Hons.) of the college to appear in the examination by providing them with the registration numbers for the academic sessions of 2019-2020, 2020-2021, and 2021-2022. However, the University declined to grant registration numbers to the B. Sc. Botany (Honours) students of the said college for the academic session 2022-2023 as the college failed to fulfil the condition.

Kishore Dutta, Senior Advocate appearing for the college submitted that the college has taken all steps to fulfil the conditions as contained in the letter dated March 11, 2019 by recruiting three whole time visiting teachers. He further stated that the selection process has been completed and the panel is sent to the State for approval.

The court directed the college to immediately send the necessary papers to the university to obtain registration and admit cards for the students of the said course.

The court held:

“As a special case, I direct the university to register the name of the students and issue admit cards for the 1st semester of B. Sc. Botany (Honours) for the academic session 2022-2023.”

The court further directed the college to send necessary papers to the University for Affiliation within two months which shall be considered by the University as per the law.

However, the court made it clear that the college will be debarred from admitting any students to Botany (Honours) Course until it obtains the necessary affiliation from the university.

Case Title: Behala College v. University of Calcutta & Ors.

Case Citation: 2023 LiveLaw (Cal) 44

Coram: Justice Kaushik Chanda

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