Affiliation under university law cannot be refused by the University alone when the statute requires State Government reference first.

Section 53 of the Karnataka State Universities Act was treated as a self-contained code for affiliation matters, requiring the State Government's role under sub-section (5) to be followed in grant, continuation, and refusal of affiliation. The proviso to sub-section (9) was construed as a limited exception relating only to continuation of affiliation and not as an independent source of power for the University to refuse affiliation on its own. General powers under Section 4 and claimed incidental powers could not override this specific statutory procedure. Refusal of continuation of affiliation without submitting the matter to the State Government was therefore inconsistent with the Act, and the impugned communication was unsustainable.

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Issues: Whether the University could refuse continuation of affiliation to the homeopathic college for the academic year 1991-92 without submitting the application and related proceedings to the State Government under Section 53(5) of the Karnataka State Universities Act, 1976.

Analysis: Section 53 was treated as the self-contained provision governing affiliation of colleges. The scheme of the section showed that grant, continuation, and refusal of affiliation had to be read in light of the State Government's role under sub-section (5). The proviso to sub-section (9) was construed as an exception confined to continuation of affiliation and not as an independent source of power enabling the University to refuse affiliation on its own. The general powers under Section 4 did not override the specific procedure under Section 53, and the asserted incidental powers could not be used to bypass the statutory mandate. On a fair reading, refusal of continuation of affiliation without reference to the State Government was inconsistent with the Act.

Conclusion: The University had no authority to refuse continuation of affiliation by itself without following Section 53(5); the impugned communication was unsustainable and the writ petition succeeded.

Ratio Decidendi: Where a special statutory scheme requires affiliation matters to be submitted to the State Government for inquiry and recommendation, a proviso dealing with continuation of affiliation cannot be construed to confer an independent power on the University to refuse affiliation without adopting that mandatory procedure.

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