D P LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The controversy in this writ petition relates to the jurisdiction of the Bihar Intermediate Education Council (hereinafter called 'the Council') established under the Bihar Intermediate Education Council Ordinance, 1992 (now Act 26 of 1992, hereinafter called 'the Intermediate Council Act') vis-a-vis the University established and incorporated under the Bihar State Universities Act, 1979 in the matter of constitution of governing body/ad hoc committee and, consequentially, administration of the Intermediate Section of Degree College.

(2.) The College in question named Jhumak Mahaseth Dr. Dharmpriya Lal Mahila Inter College, Madhubani (hereinafter called 'the College') was initially established as an Intermediate College. It was recognised by the Council on October 6, 1982. In course of time the College developed itself into a Degree College. On November 5, 1986 the College was 'taken over' by the Lalit Narayan Mithila University (hereinafter called 'the University') with all its assets and liabilities. The University started taking the stand that as a consequence of take over, the College had come under its exclusive jurisdiction and the Council has no jurisdiction to control its management and administration. The Petitioners filed the instant writ petition challenging one such communication dated February 2, 1992 as contained in Annexure-8. During pendency of the case the Council also issued notification taking the same very stand, that is, abdicating its jurisdiction in the matter of control of management and administration of the College on October 6, 1994. The validity of the said notification, copy marked Annexure-12 to the supplementary petition, has also been challenged by amendment. In substance, however, what the Petitioners seek is a declaration that the University has no jurisdiction to interfere with the management and administration of the Intermediate Section of the College notwithstanding the take over which according to them, must be deemed to be confined to the Degree section. The question for consideration is whether after take over of the College by the University the jurisdiction of the Council with respect to the Intermediate section of the College, (minus the examination part which undisputedly continues to be under the control of the Council) comes to an end.

(3.) In support of the plea that the jurisdiction of the Council with respect to the Intermediate section does not cease notwithstanding the take over of the College by the University, counsel for the Petitioners placed reliance on the preamble of the Intermediate Council Act. He submitted that the Council was established, inter alia, for separating the Intermediate education from the University and, therefore, the University cannot interfere with the management of educational institutions of the Intermediate standard. Counsel submitted that although preamble of the Act cannot be read and construed as a substantive provision, the same can be looked into for removing ambiguity or vagueness in the substantive provisions of the Act, besides indicating the aim and object of the enactment. Counsel also referred to certain other provisions which I shall notice hereinafter.