Lessee equally entitled for affiliation to educational institution, just as proprietor of land

Merely because landholder only have lease hold right, affiliation to educational institution cannot be rejected to lessee as leasehold right over proposed college building would satisfy requirements contemplated for affiliation with University.

Leasehold right refers to possessory right. A leaseholder has every right to deal with the property in regard to the enjoyment like a full owner who could well do to enjoy his property. If the leasehold right permits to construct a building and enjoy the property, that will confer him all proprietary right vested with the owner or title holder of the property.

Thus, the lease confers a leaseholder to establish a building for the college, that proprietary right of the owner would also vest with the leaseholder. The construction or establishing a structure in a land is an exclusive proprietary right available to the owner of the land. If that right is parted away by a lease, the lessee will also hold to enjoy the proprietary right. Lessee is in possession of the leased land with permission to construct, what is paramount in such circumstances for the University to consider whether the lease holder is capable to put up any construction or not. As per UGC Regulations, university can grant affiliation if satisfied that applicant has undisputed ownership and possession of land. The University also has to consider whether the lessee would be entitled to establish a college in such land or not. If these conditions are satisfied, there is no embargo for the University in granting affiliation subject to any condition in regard to the same. Merely because the holder of the land is having only lease hold right, the affiliation cannot be rejected.

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