INSTITUTE OF BUSINESS MANAGEMENT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE dispute in these two writ petitions relates to holding of examination in the Master of Business Administration (MBA) Course for the students of the First Semester of 1998-2000 batch and Third Semester of 1997-99 batch of the Institute of Business Management, Bela, Darbhanga. In CWJC No. 11183/2001 the petitioner is the Institute, in the other case the petitioners are students. THE cases have been argued treating CWJC No. 11183/2001 as the leading case though, counter affidavit on behalf of the University has been filed in CWJC No. 7096/2001.

(2.) ACCORDING to the petitioners, the Institute of Business Management, Bela, Darbhanga (hereinafter referred to as 'the Institute') was granted affiliation by the L.N. Mithila University (hereinafter referred to as 'the University') in the year 1984 itself, for the Sessions 1984-86, and the examinations have been held for the students of the Institute from time to time. The All India Council for Technical Education (AICTE) has also accorded approval from time to time valid, presently, up to 2003, and therefore, the students of the Institute cannot be denied the right to appear at the examination.

(3.) THE University in its affidavit has taken the stand that the affiliation has been granted to one National Institute of Management Training and Education, Darbhanga on the application of the said Institute whereas the direction has been sought in these two writ petitions for holding examinations with respect to the students of the Institute of Business Management, Bela which is not affiliated with the University. THE Institutes are separate entities. THE National Institute of Management Training and Education is a corporate entity being a society registered under the Societies Registration Act and the Institute of Business Management, Bela is not part thereof, Secondly, there is apparent conflict between the approval granted by the AICTE which is in favour of the Institute of Business Management, Bela and the one granted by the University in favour of the National Institute of Management Training and Education, Darbhanga. THE affiliation even in respect of the National Institute of Management Training and Education was granted without the prior approval of the State Government as required under Section 21(2)(d) of the Bihar State Universities Act and therefore, has no legal value.