MINAKSHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application prayer of the petitioner is for issuance of a writ in the nature of certiorari for quashing the order dated 10.7.2001 (Annexure -1) whereby her admission and registration to Master&aposs Course and permission to appear in B.A. Part III examination has been rescinded.

(2.) SHORT facts giving rise to the present application are that the petitioner passed the Sahitya Alankar Examination conducted by Deoghar Vidyapeeth in the year 1997. In pursuance of the advertisement issued by the respondent -Patna University (hereinafter referred to as the University) for admission in Master of Arts (Hindi) course, she offered her candidature and ultimately admitted in the said course in the Session 1998 -2000. Equivalence of degree of Sahitya Alankar granted by Deoghar Vidyapeeth with that of B.A. (Hons.) degree granted by the University, came up for consideration before the Recognition Committee (Manyata Samiti) of the University in its meeting held on 10.2.2001. Said meeting of the Recognition Committee was presided over by the Vice Chancellor of the University and was attended by Pro Vice Chancellor, Registrar and other functionaries of the University. In the said meeting it was found that the degree of Sahitya Alankar granted by Deoghar Vldyapeeth is not equivalent to B. A. (Hons.) degree and on that account admission in the Master Course is not permissible. It further deprecated the conduct of the Head of the Department in taking admission of some of the students without the decision of the Recognition Committee. After observing so, the Committee decided to permit such students to appear in Master&aposs examination who were admitted in the Master&aposs course on the basis of Sahitya Alankar degree as one time exception on the condition that they pass 3rd year examination of B.A. (Hons.) in Hindi subject. The decision of the Recognition Committee was communicated to the Head of the Hindi Department by the Deputy Registrar of the University by its communication dated 3.4.2001 (Annexure -A).

(3.) MR . Surendra Prasad Singh appearing on behalf of the petitioner submits that the impugned decision dated 10,7,2001 is in the teeth of the decision of the Recognition Committee taken on 10.2.2001 and on that ground alone the order impugned is fit to be set aside. Mr. Navin Sinha, however, appearing on behalf of the respondent -University submits that as the degree of Sahitya Alankar, Granted by Deoghar Vidyapeeth has not been found to be equivalent to B. A. (Hons.) degree, the respondent -University had cancelled the admission, registration and permission to appear in the 3rd year examination and its action can not be said to be illegal.