SURENDRA SINGH Vs. TILKA MANJHI BHAGALPUR UNIVERSITY

JUDGEMENT

(1.) IN all the three writ applications, common questions of law and fact arise and as such, they are being disposed of together.

(2.) SURENDRA Singh, petitioner in C.W.J.C. No. 14103 of 2001 and C.W.J.C. No. 4368 of 2002 is the Principal of Bishwanath Singh Institute of Legalies, Lai Darwaza, Munger (hereinafter referred to as the Institute) and his prayer is for quashing the order dated 5/6.10.2001, whereby the aforesaid petitioner has been communicated that the Institute having no affiliation from Tilka Manji Bhagalpur University (University for short), its students shall not be allowed to appear in the 1st and 2nd part of the LL.B. Examination. His further prayer is to quash the Examination Notice No. 18 of 2002 dated 14.2.2002 by which the examination programme of LL.B. Part -I, Part -ll and Part -Ill has been published. He further seeks a writ in the nature of mandamus to the respondent University to take the examination of the students of the Institute and to publish their result.

(3.) BEREFT of unnecessary details facts giving rise to the present application are that the Institute in question was granted affiliation by order dated 20th of September, 1985 for the Session 1984 -85 and by letter dated 19.12.1988, the period of affiliation was extended for a further period of three years. After the expiry of the aforesaid period, the Institute has not been granted further affiliation but the matter of affiliation is pending before the State Government. By letter dated 3rd of April, 1999 (Annexure -A) to the counter affidavit filed on behalf of Respondent nos. 6 and 7 the Director (Higher Education) addressed to the Registrar of the respondent -University, the latter has been informed that for extension of affiliation, the resolution of the Senate and Syndicate is necessary and accordingly, the respondent -University has been asked by the Director to send the resolution so that the question of extension of affiliation is considered by the State Government.