KESHAV KUMAR DARUKA Vs. T M BHAGALPUR UNIVERSITY

JUDGEMENT

(1.) THIS letters patent appeal has been filed against the order dated 30th October, 2002 on three writ petitions (CWJC No. 14103/2001, CWJC No. 4368/2002 & CWJC No. 9332/2002). The appellant had filed CWJC No. 9332 of 2002 : Keshav Kumar Daruka V/s. Tilka Manjhi Bhagalpur University & Ors.

(2.) IN a considered judgment after exchange of pleadings one thing is on record that notwithstanding the fact that the appelfant might have received admission at a college known as Mahadeo Singh Law College, Bhagalpur, this institution had not received affiliation from the State Government. This aspect is to be noticed from an affirmative statements which have been made in paragraphs 11 & 12 of the counter affidavit. The petitioner -appeilant did not reply to this counter affidavit fiied by the University.

(3.) IN a State where matter relating to recognition and affiliation o; educational institutions has virtually become rampant so as to take the form of racketeering in education, the High Court has to guard itself in the matter relating to granting reliefs particularly reliefs seeking declaration of result of an examination without looking into the factors whether the institution is recognized or not or has been granted affiliation cr denied. No writ of mandamus can be issued in such cases in isolation that a result be declared without a writ of certiorari to examine whether the institution is recognized or affiliated. Otherwise, the High Court wilf be contributing to irregular and illegal degrees.