MAGADH UNIVERSITY Vs. SARANG KUMAR MAGHIA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE appellant University has challenged the order dated 2.5.2002 passed by the learned single Judge by which the application for modification of the order dated 14.3.2002 passed in C.W.J.C. No. 3785 of 2000, whereby the learned single Judge has directed the University to accept fees and forms of the students of Swami Dayanand Arya (B.Ed.) Teachers Training College, Bikram, Patna (hereinafter referred to as the College) for the Sessions 1992 -93 to 1994 -95 and to permit them to appear in the B.Ed. Examination scheduled to commence from 20.4.2002 has been rejected.

(3.) THE case has a chequered history and to appreciate the points involved in the case, same has to be stated in the beginning. The aforesaid College claims its establishment in the year 1985. It filed an application for permission to start the institution which is loosely known as recognition under the provisions of Bihar Arajkiya Sharirik Prashikshan Mahavidyalaya Tatha Arajkiya Shikshak Prashikshan Mahavidyalaya Awam Arajkiya Prathmik Shikshak Shiksha Mahavidyalaya (Niyantran Awam Viniyaman) Adhiniyam, 1982 (Bihar Adhiniyam Sankhya 21, 1982) (hereinafter referred to as Act of 82). The said College was not granted permission for establishment by the State Government. Then the College came to this Court in C.W.J.C. No. 4031 of 1991 and this Court by order dated 22.11.1991 directed the State Government to consider the matter. The concerned authority by order dated 29.9.1993 rejected the said prayer. Then again the said College came to this Court in C.W.J.C. No. 4720 of 1994 and the said writ application was disposed of on 13.9.1994 directing the concerned authority of the State Government to consider the matter and thereafter the permission for establishment was granted by the order of the State Government dated 16.12.1994 issued under the signature of Additional Secretary to the Government, which has been annexed as Anhexure -5 to the writ application.