EXALT EDUCATION TRUST Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is a trust said to be registered under the Indian Trusts Act, 1982. It is being claimed that the trust has established two separate Colleges, namely, Exalt College of Engineering and Technology and Exalt College of Polytechnic. The present case is concerned with the Exalt College of Polytechnic.

(2.) This application has been filed through the Chairman of the Trust seeking direction/commanding the State Board of Technical Education, Department of Science and Technology, Government of Bihar, Patna and Controller of Examination, State Board of Technical Education, Department of Science and Technology, Bihar to ensure registration of 300 students admitted in the said Polytechnic Institution for the academic Session 2015-16 for the purpose of examination. It is the claim of the petitioners that the said Polytechnic College is affiliated to State Board of Technical Education for the academic Sessions 2014-15, 2015-16 and 2016-17.

(3.) This is not in dispute that the said Institution has taken admission of these 300 students without any entrance test conducted either by the State/University or their agencies or , viz, the "Bihar Private Technical and Professional Institutions Association" (BPTPIA) of privately managed institutions conducting such courses (Respondent No.6). It is the stand of the petitioner that Bihar Private Technical and Professional Institutions Association unnecessarily conducts selection tests 4-5 times in a year and it is unthinkable that the entrance examination for technical institution is conducted 4-5 times in a year. It is the further case of the petitioner that said Association has become a private body functioning on the whims and fancy of its office bearers. According to him, it is not known as to how Chairman and Secretary and other office bearers of the Association have been selected or elected. The petitioner in that background, asserts that he had to approach this Court by filing CWJC No. 9068 of 2016, seeking a direction to disassociate his institution from respondent No.6 and permit them to admit students on the basis of merit list of entrance examination conducted by the BCECEB. By an interim order, dated 24.05.2016, this Court had allowed the said institution to take admission on the basis of merit list prepared by the BCECEB for purpose of admission to Diploma Courses in Engineering College. Subsequently, however, by an order, dated 16.09.2016, this Court dismissed the writ application in following terms:-