LALAN KUMAR SON OF SRI BISHWANATH SINGH Vs. VICE-CHANCELLOR, BABASAHEB BHIMRAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR

JUDGEMENT

(1.) Parties having appeared, counter affidavit and rejoinder having been exchanged, the matter has been heard at length and with their consent, the writ petition is being disposed of at this stage itself.

(2.) The dispute essentially, in the present case, relates to the continuance of private participation in running vocational course of Computer Science in a Constituent College of Baba Saheb Bhimrao Ambedkar Bihar University at Muzaffarpur (hereinafter referred to as "the University").

(3.) The brief facts relevant are noted hereunder: Lok Jagriti Sansthan and International Institute of Computer Sciences, Muzaffarpur are sister concern. The petitioner Lalan Kumar is associated with both these Non-Governmental Organisations. The said Non-Governmental Organization has been set up for promoting computer education in masses. Having come to know of intention of the University to initiate vocational courses relating to Computers, the said Organization entered into negotiation with authorities of the College and the University which resulted in a Memorandum of Understanding (MoU) being signed on 26.7.2002 between the petitioner as Director of International Institute of Computer Sciences and the respondent-Principal of the L.S. College, Muzaffarpur which is a Constituent College of the said University for starting Bachelor of Computer Application (BCA) Course at the said College from the academic session 2002-2003. The said MoU, which is being referred to as the first MoU is Annexure-1 to the writ petition. Clause-12 of the said first MoU would be relevant and is quoted hereunder: