VEER KUNWAR SINGH COLLEGE Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Counsel for the parties at length. I dispose of this writ petition by this order at the admission stage itself.

(2.) THE petitioner No. 1 herein is the veer Kunwar Singh College said to be an intermediate College situated in Road No. 1, Rajendra Nagar, Patna. The petitioner No. 2 Smt. Neelu Singh, wife of Shailesh Kumar singh, claims to be the Secretary of the college. They have filed the instant writ petition for quashing the order of the State government bearing No. 194/c dated 23. 8. 1995 as also the order of the Bihar Intermediate education Council dated 15. 9. 95, Annexure-14 and the consequential order of cancelletion of recognition, if any, issued. It appears that by the order of the bihar Intermediate Education Council (hereinafter referred to as the 'council)dated 15. 9. 95 the proposal made by the council to the Government for granting approval to the recognition of the petitioner no. 1-College for two Sessions commencing from academic session 1993-94 has been recalled. The petitioners also pray that a writ of Mandamus be issued directing the respondents not to interfere with the recognition granted to the petitioner no. 1, College by the council by its communication dated 3. 12. 1993 Annexure-8, which was issued pursuant to the decision of the Council dated 16. 7. 93. Lastly, the petitioners have prayed that the respondents be directed to issue registration certificates in respect of the students sent up by the petitioner-College, and to accept their fees and forms so that they may be able to take the ensuing examination for 1994-95 Sessions.

(3.) THE facts of the case may be briefly noticed. According to the petitioners the college was established by local residents of Patna in the year 1985, and a managing committee was constituted of which petitioners No. 2 is the Secretary. It may here be noticed that the husband of the petitioner is a Section Officer in the Bihar intermediate Education Council, and according to the respondents, he is the real moving spirit behind the institution. The College deposited a sum of Rs. 1000/- on 17. 3. 89 with the Council for inspection of the College. It also claims to have deposited between 19th January, 1990 and 30th January, 1990 a further sum of Rs. 52,000/- toward the security amount which is required to be deposited. It is claimed that by issuance of the letter dated 23. 3. 90 annexure-3, the Council declared the College as a proposed college in the faculties of Arts, Science and Commerce. Thereafter the petitioner-College started admitting students who were duly sent up, and who took the examination thereafter conducted by the Council.