PAWANH PRAKASWH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS matter was earlier heard on 25.4.2001. On that date after some submissions were made on behalf of the petitioners, Mr. Bibhuti Pandey, Senior counsel appearing for the University made a prayer for adjournment Mr. Pandey, said that till then he was briefed in the matter only by the advocate on record but he wished to personally ascertain from the Vice Chancellor of the respondent University, if the University really intended to resist the reliefs claimed in the two writ petitions. On his prayer, the matter was adjourned for today. Today Mr. Pandey stated that the University felt some difficulty in holding further examinations for the students of the Katihar Medical College and in publishing the results of some of the examinations held of the students of this college as there was no direction or advice from the State Government on the issue of the affiliation of the college. The University was, therefore, not in a position to concede the reliefs claimed by the petitioners in these two writ petitions. Mr. Pandey submitted that for holding further examinations in future and for publishing the results of the examinations already held the University will, therefore, require a direction from this Court. Though Mr. Pandey would not say it, the position clearly is that the University means to contest the reliefs claimed in these two writ petitions.

(2.) IT may be stated here that a counter affidavit was filed today on behalf of the State. In the counter affidavit the State declined to make any comment on the issue of the recognition/affiliation of the college and further took the stand that for holding examinations it was the University which had the necessary competence.

(3.) THERE are five petitioners in C.W.J.C. No. 4460/2001. They are the students of the Katihar Medical College, Katihar, which according to them was established as a minority institution under Article 30 of the Constitution. They seek a direction to the B.N. Mandal University and its officials to hold (i) the Second M.B.B.S. Examination 1999 (ii), (2) the Second M.B.B.S. Examination 2000 (i) and (3) the First M.B.B.S. Examination 2000 (i).