Allahabad High Court

DIVYA COLLEGE OF EDUCATION AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided: 15 September 2026
Bench: VINOD DIWAKAR

Holding

The Court held that the petitioners must be given an opportunity to make a representation before the university, which must decide the matter after affording a hearing in accordance with the Supreme Court’s judgment.

Summary

The petitioners, Divya College of Education, sought a writ of certiorari to quash an ex parte order dated 08‑05‑2026 by the Vice‑Chancellor of Dr. Bhim Rao Ambedkar University that declined the extension of affiliation for their B.Ed. programme for 2026‑27. The college argued that the order was passed without notice, violating natural justice, and that the deadline for fee payment and application submission had not been met due to procedural irregularities. The respondents contended that the college failed to deposit the required fee of Rs 59,000 by the cut‑off date of 10‑05‑2026 and that admissions had already been closed, leaving no scope for relief. The Court, without expressing a view on the merits, dismissed the writ but granted the petitioners liberty to file a representation before the university, directing the university to consider it in light of the Supreme Court’s decision in College of Professional Education & Ors. v. State of U.P. & Ors. and to afford a hearing within three weeks of receipt of the certified order. The order thus emphasizes the need for a fair hearing before any affiliation decision is finalised.

Issues considered

Whether the ex parte order declining extension of affiliation violates principles of natural justice.
Whether the failure to pay the prescribed fee and meet the deadline bars the petitioner's claim for relief.
Whether the petitioners are entitled to a representation and hearing as mandated by the Supreme Court precedent.

Subjects

affiliation
university
B.Ed. course
natural justice
ex parte order
representation
higher education
Supreme Court precedent

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 37009 of 2026

Divya College of Education & Another
.....Petitioner(s)
Versus
State of U.P. And 3 Others
.....Respondent(s)

Counsel for Petitioner(s) : Prashant Shukla, Ram Prakash Upadhyay
Counsel for Respondent(s) : C.S.C., Rohit Pandey

Court No. - 38
HON'BLE VINOD DIWAKAR, J.

1. Heard learned counsel for the petitioner and Ms. Shambhavi Tiwari,
learned advocate holding brief of Shri Rohit Pandey, learned counsel for the
respondent nos. 2 to 4.

2. The present petition has been filed seeking a writ in the nature of
certiorari for quashing the impugned ex parte order dated 08.05.2026, passed
by the Vice-Chancellor, Dr. Bhim Rao Ambedkar University,
Agra/respondent no.3, whereby extension of affiliation to the petitioners'
institution for running the B.Ed. course for the academic session 2026–2027
has been declined.

3. Learned counsel for the petitioner submits that the petitioner's institution,
namely, Divya College of Education (College Code 1131), Shahzadpur
Pauri, 28 Km Milestone, NH-2, Farah, District Mathura, is a privately
managed, self-financed institution offering the B.Ed. course. The institution
has been duly recognized by the National Council for Teacher Education
(NCTE) since its inspection in 2016 and continues to hold such recognition.
It has also been duly affiliated with Dr. Bhim Rao Ambedkar University,
Agra, since 2016.

4. Learned counsel for the petitioner further submits that the impugned ex-
parte order dated 08.05.2026 was passed without notice or opportunity of
hearing, in violation of the principles of natural justice, and without
affording the petitioner an opportunity to rectify the alleged mistake.

5. It next submitted that although the Hon'ble Supreme Court had fixed
10.05.2026 as the last date for submitting an application for extension of
WRIC No. 37009 of 2026
2

affiliation, the petitioner's application was rejected on 08.05.2026, i.e. two
days prior thereto. It is also submitted that the petitioner's application dated
09.05.2023 for grant of permanent affiliation is still pending consideration
before the respondent-University. Learned counsel has placed reliance upon
the judgment of the Hon'ble Supreme Court in College of Professional
Education & Ors. v. State of U.P. & Ors., passed in Special Leave to Appeal
(Civil) No. 13040 of 2010.

6. Ms. Shambhavi Tiwari, learned counsel for respondent nos. 2 to 4,
submits that the petitioner failed to deposit the requisite
extension/recognition fee of Rs. 59,000/- within the prescribed cut-off date,
i.e. 10.05.2026. She further submits that, so far as admission is concerned,
the counselling process has already been conducted on 10.09.2026 and the
admissions are accordingly closed. In view of the aforesaid circumstances,
no relief, as sought by the petitioner, can be granted.

7. After hearing learned counsel for the parties and without expressing any
opinion on the merits of the case, the instant writ petition is disposed of with
liberty to the petitioner to make a representation before the respondent-
University, along with a certified copy of this order, raising all its
grievances, including the grievance with regard to the impugned order dated
08.05.2026. In case such representation is filed within ten days from today,
the respondent-University shall decide the same in the light of the judgment
and order passed by the Hon'ble Supreme Court in College of Professional
Education & Ors. v. State of U.P. & Ors. (supra), after affording due
opportunity of hearing to the petitioner within three weeks of production of
certified copy of this order.

September 16, 2026
A. Tripathi
(Vinod Diwakar,J.)

Digitally signed by :-
AKHILESH TRIPATHI
High Court of Judicature at Allahabad

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