BRIJENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The controvesy in this case is whether the activities carried on by the Institution of which the petitioner is the Director can be brought within the mischief of Bihar State Engineering, Pharmacy and Commercial Education (Regulation and Control) Act, 1983 (in short 'the Act') as has been done by the respondent, the Secretary, Science and Technology Bihar by issuing the order as contained in Annexure-13 dated 16-8-1994. Annexure-13 is a letter addressed to the Deputy Commissioner, Ranchi requesting him to take immediate action in the matter of the Bihar Institution of Mining and Mines Surveying Ranchi on the ground the said Institute having not obtained recognition from A.I.T.C.E., New Delhi and the State Government thereby contravened All India Technical Education Act, 1987 and Bihar Act, 1983. The Dy. Commissioner was conveyed the decision of the State Government to lock the Institute and instituted F.I.R. against the founder and Principal of the Institute. A copy of the above letter was also forwarded to the S.P. Ranchi. The authorities swung into action and complied with the direction of the State Government as contained in Annexurc-14.

(2.) The petitioner being aggrieved by the action of the respondent has moved this Court under Article 22 of the Constitution for the following reliefs:

(3.) Bihar Act 63 of 1982 was enacted by the Bihar Legislature with the object for controlling and Regulation the, non-government Engineering Colleges, Polytechnic and Pharmacy College Section 2 of the Act forbids establishment of any institute for imparting of education for grant of degree diploma in Engineering and Pharmacy. The other relevant provisions of the Act shall be referred to at the appropriate place in the judgment.