VIDYASAGAR UNIVERSITY Vs. SUDIP DAS

JUDGEMENT

(1.) ON a complaint made by two eligible candidates, an enquiry was caused to have been held by the Vice -Chancellor of Vidyasagar University for ascertaining the correctness of the complaint regarding illegal admission given to the writ petitioners in the B.Ed. course for the academic session 2012 -13 by the college authority of Bengal College of Teacher Education, an institution recognised by NCTE and affiliated to Vidyasagar University.

(2.) AFTER such an enquiry was held, it was revealed that though the writ petitioners were not recommended by the University authority for admission in the B.Ed. Course in the said college, still then, the college authority admitted them in the said course in total disregard of the admission rules. Accordingly, the registration of those two students was cancelled by the University. As a result, their admission in the said course was also cancelled and their study in the said course was discontinued. Those two students, thus, felt aggrieved. They moved a writ petition being W.P. No. 11197(W) of 2013. The writ petition was entertained by the Learned Single Judge of this Court and direction was given for filing affidavits by the parties in the writ proceeding. An interim order was also passed by the Learned Trial Judge on 17th April, 2013 directing the University authorities, namely, the respondent nos. 3, 4 and 5, to allow the petitioners to sit in the B.Ed. examination, 2013 on the basis of the certificate of registration issued by the respondent University and also for allowing them to take part in the practical examination which was scheduled to be held from 20th March, 2013 to 19th April, 2013 without prejudice to the rights and contentions of the parties, with a rider that participation of the petitioners in the said examination and/or in the practical examination shall be subject to the result of the final decision of the writ petition. The University authorities were not satisfied with the said interim order and as such they filed an application for vacating the interim order. However, since the said application for vacating the interim order could not be heard before such examination was held, the University authority allowed the petitioners to participate in both, written examination as well as practical examination, on the scheduled date.

(3.) HEARD the learned counsel appearing for the parties. Considered the materials on record. Let us now consider the merit of these two appeals in the facts of the instant case.