JASWINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgment shall dispose of the writ petitions detailed above by common judgment.

(2.) THE facts of case No.170 of 2005 are that petitioners numbering 58 have filed the writ for directions to respondents No.1 and 5 to allow the petitioners to appear in the examination of JBT in a manner that the qualifying degree/diploma is accorded with the sessions concluded in the year 2005.

(3.) IT was alleged that recognition was granted to respondent No.4 for running the Institute which recognition was subject to the condition that the affiliating university shall ensure that the required number of faculty members was appointed etc. The petitioners were allegedly admitted to the course for the academic sessions 2003-05 and they started attending classes from the middle of May, 2003. The petitioners submitted that a notice was published in the newspapers in which it was stated that for the sessions 2003-04, the entrance test would be held on 15.2.2004. The petitioners appeared in the test, paid their tuition fee and were given regular admission and they were fulfilling the eligibility criteria. The petitioners also started attending the classes and they were informed that respondent No.4 is an institute which is regularly recognized by NCTE. However, they were surprised to learn that respondent No.5 had not granted affiliation to respondent No.4 and as such no examination was held. They also referred to an earlier decision in CWP No.549 of 2004. During the period, the petitioners were admitted, respondent No.4 had given an impression that the Institute is recognized under the provisions of the Act and they have complied with the statutory requirements of the Act. The petitioners were aggrieved by the action of the respondents No.1 and 5 in not taking any examination in the JBT course for the academic sessions 2003-05 and withholding the petitioners from appearing in the qualifying examination for the JBT course is illegal, arbitrary and is in violation of Article 14 of the Constitution. Hence the writ petition filed by the petitioners.