NEELAM MUNDU Vs. VICE CHANCELLOR M U

JUDGEMENT

(1.) THE petitioner Secretary, Students Union, Indian Institute of Health Education and Research, Beur, Patna (&aposInstitute&apos for short) has filed this writ application for quashing letter no. Ms/Res/102/04 dated 20.10.2004 of the Member Secretary, MDE Exam. Cell, M.U., Bodh Gaya (Annexure 9) by which the University has postponed the examination of the courses to be conducted by the Institute and for directing the respondents to hold examination of those courses and to regularise the academic session.

(2.) THE case of the petitioner is that the Institute is being run by the Voluntary Organization known as Manav Manavi Samaj Kalyan Kendra, a society registered under the Societies Registration Act. Under the Government of Bihar, Health and Medical Education Memo No. 1/Ps -28/92, 48 T/S dated 1.11.1995 the Institute was duly recognized. The State Government through its letter No. 10/v -1067/92 S.K. dated 29.7.1995 to the Secretary, Rehabilitation Council of India, New Delhi, granted permission to the institute to conduct degree courses in (1) Prosthetic and Orthotic Engineering, (2) hearing and Speech Therapy, (3) Mental etardation, (4) Occupational Therapy and (5) Physiotherapy, and it has further been recommended by the State Government to the Secretary of RCI to grant recognition to the Institute in the aforesaid disciplines. The Affiliation Committee and the Academic Council of M.U. in its meeting held on 4.4.2003 and 10.4.2003 also accorded affiliation to the Institute in the above cegree course and also one year abridged degree courses in the above disciplines irom the Session 2000 -2001 to 2004 -2005. The senate of the University in its meeting dated 23.10.2003 also granted extension of affiliation for the Session from 2000 -2001 to 2004 -2005 in the above courses and also made recommendation to the State Government for new registration/affiliation of one year abridged courses in all the above disciplines. Subsequently, a letter was issued on 18.9.2004 by the University that the examination of the above courses would commence from 27th October, 2004 and the last date of submissions of fees and forms were indicated as 6th October, 2004 and 11th October, 2004. The students accordingly submitted their registration and examination fees in time. The Controller of Examination. M.U. issued notification dated 30.9.2004 regarding detailed programme of examination commencing from 27th October, 2004.

(3.) ONE Sanjay Kumar and four other students of the Institute have also filed an intervention petition to issue direction to the University to make arrangement for holding the pending examinations immediately.