BIMAL KUMAR DUTTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HAVING regard to the urgency of the matter, this writ application is being disposed of after hearing the parties at the admission stage itself. The petitioners, who are the students of Satyendra Narain Sinha Institute of Business Management, Dhurwa, Ranchi (hereinafter referred to as the 'Institute'), have filed this writ application for issuance of a writ in the nature of mandamus commanding the respondents, particularly the respondent University to hold/conduct final Semester examination of Master of Business Administration for the Sessions 1994-96. The relevant facts in short according to the pleadings of the parties are as follows:-

(2.) THE petitioners are the domicile citizens of different States such as Kerala, Orissa, Assam and Bihar etc. has applied for their admission into Master of Business Administration full time, two years course for the Sessions 1994-96 pursuance to the advertisement published by the respondent Institute, a copy of said advertisement is made Annexure-1 to this writ application. After having declared successful in the written test held in different centres such as Ranchi, Raurkela, Durgapur and Patna, the petitioners were called for interview at Ranchi and were finally selected for admission to the course of Master of Business Administration, two years course, for the Sessions 1994-96. After completing their courses of studies, they appeared in the semester examination and declared successful. According to the petitioners, they have passed all the three semester examination, conducted by the Institute and they are waiting for final semester examination, which is to be conducted by the respondent Ranchi University. THE petitioners were sent for project training in different organisation and after completion of the said project training, they have become eligible for appearing in the final semester examination, which is still awaiting even after lapse of more than six months after completion of their two years course of Master of Business Administration. THE certificate showing the petitioners having completed the project training is made Annexure-4 to this writ application. According to the learned Counsel, the respondent Institute to which the petitioners are the students, is duly approved by the All India Council of Technical Education, Government of India since 1978 and the regular examination were being conducted by the Ranchi University being duly affiliated to the Ranchi University, a copy of the said approval letter of the All India Council of Technical Education, Government of India is made Annexure-5 to this writ application. It further appears that the respondent Ranchi University in the past, has conducted such final semester examination in previous years also. According to the petitioners all the previous examinations were conducted by the respondent University of the Institute in question within the time, but this final semester examination is being delayed because of the laches both on the part of the Institution as well as the University. In support of his contention, he annexed a copy of the marksheet held in the earlier examination a copy of which is made Annexure 6 to this writ application. It is further alleged that the University has earlier provided the degree to the students, who have declared passed in the earlier final examination. Seeking the delaying attitude of the respondents, the petitioners have also approached to the Vice Chancellor of the Ranchi University and requested him to hold/conduct the examination, who has assured that their examination would be held shortly but even after lapse of so many months, no step is being taken either by the University or by the Institute to conduct the examination. In this case, a counter-affidavit has been filed on behalf of respondent Nos. 6 and 7 namely the Director, Satyendra Narain Sinha Institute of Business Management, Dhurwa, Ranchi and the Programme Officer of the Institute in question, admitting in their counter-affidavit, the statements made in the writ application. However, it is stated that the Institution in question is affiliated to the Ranchi University for two semester examination and for the 3rd semester, it is under process and accordingly a request has been made to the Ranchi University to expedite the matter by their letter dated 9-4-97, a copy of the said letter is made Annexure-A to the counter-affidavit. It is further alleged that the respondent University has already informed the Institute that a recommendation alongwith the inspection report has already been sent to the concerned authority for affiliation, which is still under process. It is admitted in their counter-affidavit that the students have completed their three semester examination as per curriculam of the Institute, but the final semester examination is to be conducted by the Ranchi University for which necessary steps has already been taken and the necessary direction is being awaited in this regard. According to the respondent Institute it is only the University, who is responsible for delaying the examination, though the Institute has already taken steps in this regard. It is admitted in their counter-affidavit that the Institute in question has already been approved for such courses by the All India Council of Technical Education, Government of India and the information was accordingly sent to the respondent University as well. It is also alleged that all the formalities for conducting examination has already been complied with and necessary documents in this regard has been for- warded to the respondent University. THE reply to the said counter-affidavit has already been filed by the petitioner, wherein it has been stated that the statements made by the respondent " Nos. 6 and 7 that the question process of affiliation of the Institute is under process is wholly vague and misleading, inasmuch as, on earlier occasion also, the respondent University has already conducted such examination and issued final degree to the successful students of the Institute, but the examination is being delayed for the sessions in question for the reasons best known to the University. It has been reiterated that the petitioners have already appeared in the 3rd semester examination and the result of which has already been published, but the final examination namely the 4th semester examination though they have completed their courses of studies, yet their examination are being delayed by the University for the reasons best known to them. Similarly the University and its officials namely the respondent Nos. 2, 3 and 4 have also filed their counter-affidavit and the sum and substance of their statement is that since the respondent Institute in question has not been affiliated to the University as yet and accordingly they are not in any way responsible and/or liable to conduct such examination, though it is stated that earlier the studants of the Institute had been granted permission to appear in such examination, but subsequently the permission was cancelled. Learned Counsel for the petitioner has submitted that a three member Committee was constituted by the University, has inspected the Institute in question and submitted a report to the University recommending for affiliation as the Institute fulfils all the requirements for its affiliation to the University. THE respondent University accordingly sent a letter alongwith the inspection report submitted by the Committee to the Government making recommendation for affiliation of the Institute in question to the Ranchi University, which is apparent from the letter dated 9-4-97 sent by the University to the Government alongwith the enquiry report. It is further submitted that the respondent State Government pursuance to the letter received from the University, as referred to above, has sent a letter dated 16-6-97 granting permission to hold examination of the Master of Business Administration for the Sessions, in question a copy of the said letter is made Annexure-C to this writ application. According to the learned Counsel the State Government after taking into consideration the report submitted by the three members committee constituted by the University, has accorded permission to hold and/or conduct such examination of the Institute, but inspite of the said direction of the State Government, the University is delaying the matter as a result the students of the Institute are unnecessarily being harassed and/or victimised. In opposition, the learned Counsel for the respondent University, however, submits that since the question of affiliation of the Institute in question has not been finalised as yet and having regard to the fact that the Institute being not affiliated, the University cannot be directed to hold such examination. In support of his contention learned Counsel has relied upon an unreported decision in the case of Shambhu Saran v. THE Ranchi University and others, in CWJC No. 2090/96 (R) Now reported in 1997(1) BLJ 533 disposed of on 9-1-97. From the facts stated above, it stands admitted that the institute in question, has been inspected by the committee duly constituted by the respondent University, who has recommended for affiliation of the Institute to the Ranchi University since the Institute in question fulfils all the necessary requirement which is essential for affiliation to the University. THE University has also forwarded the said report recommending the State Government for according affiliation, and/or receipt of such recommendation from the University and after going through the report, the State Government has directed the University to hold examination of the Institute for the Sessions 1994-96. It is true that the final decision regarding the affiliation of the institute to the University has not been taken by the respondent State, but it is apparent from the letter Annexure-A referred to above only directing the University to conduct the examination of the Institute for the Sessions 1994- 96. Admittedly the University having held such examination in the past and granted degree to the respective successful candidates, the University has expressed its inability to conduct the examination of the Institute for the Sessions in question only on the ground that the same has not been affiliated as so far yet to the University, completely ignoring the direction of the State Governmet to hold such examination and that too after receipt of the inspection report of the Committee, prima facie the presumption would be that the State Government after having satisfied with the report submitted by the Committee recommending affiliation to the Institute has directed the University to conduct such examination for the Sessions in question. THE unreported decision cited by the learned Counsel for the respondent University will not help him as the facts of that case is entirely different to the instant one. It is true that the University is not held responsible for conducting of the examination of the Institute and/or college which is not affiliated to the University but in the instant case the University has conducted such examination in the past and granted degree" to the successful candidates and further the respondent State after having satisfied with the report submitted by the Committee has accorded permission to the University and directed the University to conduct such examination for the Sessions 1994- 96. After having heard the learned Counsel for the parties and the respondents University, I direct the University and its officials to hold and/or conduct the examination of Master of Business Administration of the respondent Institute namely Satyendra Narain Sinha Institute of Business Management, Dhurwa, Ranchi as early as possible preferably within three months from the date of receipt/production of a copy of this order with a further direction not to publish the result until the State Government took a decision in the matter of affiliation of the Institute in question to the Ranchi University. It is further made clear that this order relates to only conduct of examination of the Institute in questions for the Sessions 1994- 96 only and will not apply for the subsequent Session and for any other such institution and will not be a precedent for such other institution. It goes without saying that the State Government must take a final decision in the matter of affiliatidn of the Institute in question, since the entire formalities have already been completed and the University already sent the report of the committee which is lying with the State Government. This (sic) this writ application. Application Allowed.