BIMAL MAITI Vs. UNIVERSITY OF KALYANI & ORS

JUDGEMENT

(1.) Petitioner by this writ petition seeks to espouse grievance of himself and others like him in seeking interference with decision of respondent no.1 University to not grant admission to them for post graduate study on the ground they do not possess valid graduate degree. By order dated 15th September, 2017 a co-ordinate Bench had granted leave to petitioner to prosecute the writ petition in representative capacity under Rule 12 of the Writ Rules and directed an interim measure as would appear from extract below:

(2.) University Grants Commission (UGC) in exercise of power under section 26 of UGC Act, 1956 had formulated UGC (Establishment and Maintenance of Standards in Private Universities) Regulations, 2003. Pursuant to said regulations, notice dated 7th June, 2012 had been issued regarding respondent no.4 University, confining it to grant degrees within State of Meghalaya. The notification was challenged by said respondent in High Court of Assam, Nagaland, Meghalaya, Mizoram and Tripura (Shillong Bench). A limited interim order dated 17th August, 2012 was made, text of which is reproduced below:

(3.) Mr. Mitra, learned senior advocate appeared on behalf of petitioner and submitted, during subsistence of said interim order dated 17th August, 2012 there was no bar on respondent no.4 to grant affiliation to proforma respondent no.5, latter being an institute situate in Kolkata. Said institute obtained affiliation from respondent no.4 and conducted course study to which petitioner got admitted in year 2014. Respondent no.4 granted graduate degree to his client in year 2017. Since then his client and others have been pursuing post graduate course study in respondent no.1 University pursuant to interim order but have not been allowed to take end semester examinations.