EXALT EDUCATIONAL TRUST Vs. STATE OF BIHAR

JUDGEMENT

(1.) In tune with the Supreme Court's decision, in the case of Islamic Academy of Education and Another v. State of Karnataka and Others; (2003) 6 SCC 697, a Committee has been constituted by the State of Bihar, headed by a retired Judge of this Court, to make supervision and to issue necessary guidelines in respect of admissions to such privately managed recognized engineering/polytechnic colleges, which are not getting any assistance from the State of Bihar, with the nomenclature Namankan Paryavekshan Committee "ukekadu i;Zos{k.k lfefr" (hereinafter referred to as the 'Committee'). Based on a decision taken by the said Committee, the Science and Technology Department, Government of Bihar, issued a communication, vide Memo No. 781, dated 13.03.2014, to the effect that admission to privately managed professional institutions shall be made on the basis of combined admission test, to be held by an Association of such private institutions and the said Association only shall have the right to conduct the entrance test.

(2.) The present writ application has been filed on behalf of Exalt Educational Trust, through its Chairman, Deepak Kumar, and it is being claimed that the said Trust has established Exalt College of Engineering and Exalt College of Polytechnic, at village Kanhauli, in the district of Vaishali, at Hajipur. The dispute, in the present writ application, relates to Exalt College of Polytechnic. From the facts available on record, it appears that the petitioner had grievance against the decision of the Committee, as communicated through Memo No. 781, dated 13.03.2014, which mandated that admissions in private engineering and polytechnic colleges shall be allowed on the basis of entrance test to be held by Association of private colleges, conducting same/similar professional course. Accordingly, the petitioner put to challenge Memo No. 781, dated 13.03.2014, by filing writ application, giving rise to CWJC No. 9068 of 2016, seeking following relief:- "

(3.) When the matter was taken up by this Court on 24.05.2016, the Court, while asking the respondents to file their counter affidavits, passed an interim order, directing the respondents to allow the petitioner to take admissions on the basis of result declared by the Bihar Combined Entrance Competitive Examination Board (BCECEB). The relevant portion of the order is being reproduced here in below:- "Keeping in mind the law laid down by the Apex Court in the case of Islamic Academy of Education v. State of Karnataka (2003) 6 SCC 697, the petitioner, who is the Chairman of the Institution, recognized by All India Council for Technical Education as well as Science and Technology Department, Government of Bihar, is directed to take admission on the basis of results declared by BCECE Board, otherwise the recognition and permission will prove illusory keeping in view the conduct of respondent Nos. 4 and 5."