SHAMBHU NATH ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. Heard Mr. A.K. Sinha, counsel appearing on behalf of the Respondent No. 7, Shri Basant Kumar Lal, who pose himself to be the Secretary of the Ranchi Law College and Mr. M.S. Anwar, counsel appearing on behalf of the Respondent Nos. 4 to 6.

(2.) Mr. Sinha by filing a petition has prayed for vacating the order dated 24.5.1995 passed by a Division Bench of this Court giving liberty to the Ranchi University to constitute an Adhoc Committee in exercise of the powers conferred under Section 60(4) of the Bihar State Universities Act. Mr. Sinha has taken several grounds, the main being that the said order was passed behind the back of the respondent No. 7 causing the stay order granted earlier by the Court in CWJC No. 1139 of 1995(R) in favour of the respondent No. 7 against the Ranchi University infructuous.

(3.) In order to bring out the point in clear perspective, it may be useful to set out some facts of the case. Ranchi Law College is running in the name and style of Chotanagpur Law College since before and many students had come out successful from this College and some of them had adorned as Judges of this High Court, but this College was running through many ups and downs in the recent past. There was no affiliation to this College by Ranchi University since May, 1992 and the students were suffering as they were not allowed to appear for the University examination as regular candidate as there was no affiliation. Some students moved this Court in CWJC No. 1896 of 1994 (R) and in that case Mr. Anwar, counsel for the University appeared and contended on behalf of the University that the authorities of Chotanagpur Law College moved for affiliation long before and Ranchi University had also, after proper enquiry, was of the opinion of granting affiliation in favour of the College and moved as such to the State Government. On hearing the parties including the State, the said writ petition was disposed of by order dated 14.2.1995 directing the State, "to take final decision in regard to the extension of affiliation of L.L.B Part-I, II and III course to Chotanagpur Law College, pursuant to the recommendations of the Ranchi University within two weeks from the date of receipt of a copy of the Order, failing which serious view of the matter shall be taken against it. Learned Counsel for the University assures that immediately after the receipt of the final decision from the State Government, the University will hold examination of L.L.B Part-I, II and III for the Sessions 1992-1993 and 1993-1994."