BANSAL ACADEMY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The facts of the case and the legal issues that arise for decision-making in all these writ petitions are substantially similar. Hence, all these writ petitions were clubbed, heard them together and they are being disposed of by this common order.

(2.) The petitioners are the Educational Institutions programming and running number of courses to impart education to the needy students. The petitioner Institutions situate outside the State of Chhattisgarh. In terms of memorandum of understanding entered into between the petitioners and Pt. Ravi Shankar Shukla University (for short 'the University'), the petitioner Institutions have been recognized and authorized to act as Institutions of Information and Guidance Centres/Study Centres of Institute of Distance Education of the University. In pursuance of the above Memorandum of Understanding, the Registrar of the University sent the guidelines for conducting of annual examinations for the academic year 2005 with the timetable to the petitioner-Institutions. Accordingly, the petitioner- Institutions conducted the M.A. first year and B.A. first year examinations and certain other examinations also. When the results of the above examinations were awaited, the Director of Institute of Distance Education, vide his letter dated 18-8-2002 addressed to the petitioner-Institutions directed them to initiate admission process for the academic Session 2005-2006 and complete the same on or before 30-9-2005. Accordingly, the petitioner-Institutions initiated the admission process and virtually completed the admissions. At that stage, the Director of Institute of Distance Education vide his letter dated 20-9-2005 directed the petitioner-Institutions to stop admission for the academic session 2005-2006 while cancelling his earlier letter dated 18-8-2005. That was followed by a Notification No. 1625/Conf./D.E./2005, dated 24-9-2005 issued by the Registrar of the University cancelling all the examinations which were organized and conducted by the petitionerr Institutions on the alleged ground of masscopying.

(3.) At that stage, the petitioner-Institutions have filed these writ petitions for quashing the direction issued by the Director of Institute of Distance Education dated 20-9-2005 as well as the Notification issued by the Registrar of the University dated 24-9-2005 and for consequential reliefs. Along with the writ petitions, the petitioners moved M.(W).Ps. for interim relief. This Court by its interim order dated 27-10-2005, directed the respondents not to disturb admissions of the students made in pursuance of the directions contained in the letter dated 18-8-2005 issued by the Director of Institute of Distance Education. That interim order is still in operation.