SHAMBHU SHARAN Vs. RANCHI UNIVERSITY

JUDGEMENT

(1.) In this writ application the petitioner seeks declaration that B.N.S. Law College (Bhishm Narayan Singh Law College) at Daltan- ganj (hereinafter referred to as the College) has since been granted temporary affiliation for a period of 5 years to run the Law College by the Bar Council of India in terms of letter dated 6-12-1993 (Annexure-4), the respondents Ranchi University and its officials are bound to recognise the said college as affiliated College of Ranchi University or all practical purposes. Further a prayer has been made for a direction to the respondents-University to conduct special examinations for the Sessions 1989-90 and to publish result of the LL.B. Part I and Part II examination for the Sessions 1989-90 and 1990-91.

(2.) The writ application has been filed at the instance of the petitioner who is a student of the said College and has claimed to have filed the writ in representative capacity on behalf of other students of the said College. According to petitioner the said B.N.S. Law College, Daltanganj was given affiliation from time to time by the Ranchi University with prior approval of the State Government and on the basis that students were admitted session after session and appeared in the examination of different parts of LL.B. course. The Ranchi University took steps to hold examination of the courses of LL.B. Part I and Part II apart from Part III of the above referred sessions which was due to commence on and from 9th March, 1992. Accordingly, various Law Colleges including B.N..S. Law College, Daltanganj, got the examination forms etc. filled up of their respective students and on deposit of examination fee, the Ranchi University issued admission card" to all students of LL.B. Part I and Part II for the sessions 1989-90 and 1990-91 of the said College like other Colleges to appear at the examination of all parts due to begin from March 9, 1992. The petitioner's further case was that on schedule the examination commenced from March 9, 1992 and in the first round examinations of all papers of LL. B. Part II for sessions 1990-91 were held at which the petitioner, like other students in general, appeared and thereafter the examination of only two papers, i.e. Paper II and Paper III of the LL. B. Part I were held whereafter further examination was suddenly postponed on all places of various Law Colleges under the Ranchi University. The revised date was published in the re-scheduled programme to hold examinations of the rest of the papers of which examinations were postponed or stopped. The revised date of examinations were to begin from 17-1-1993 but in the programme so published the name of B.N.S.Law College, Daltanganj was excluded without any rhyme or reason. The petitioner's further case was that a writ application was filed by some of the students who had appeared in the said examination praying for the relief, inter alia, to allow the said petitioners to appear at the examinations which application was numbered as C.W.J.C. No. 177 of 1993 (R) which was disposed of in terms of an order dated 20-1-1993 directing the State Government to consider the grant of affiliation of the said College and to pass appropriate order. Besides the above, the further case of the petitioner was that the power to affiliate the College vested in the Ranchi University and all preliminaries inspection were done by the Ranchi University to affilate the College and therefore, Ranchi University was bound to perform its duty. It was further stated in the writ application that in the meantime the Bar Council of India in exercise of power conferred by Bar Council of India Rules inspected the College for the purpose to examine whether continuance of affiliation of the College be disapproved. The said inspection was held by the authorities of the Bar Council of India on 4-9-1993 and a report was submitted, copy of the said report is An- nexure 3 to the writ application. The said inspection report was considered by the Legal Education Committee of the Bar Council of India and recommended the Bar Council of India to give approval of temporary affiliation for a period of five years to run the Law College. The said recommendation of the Legal Education Committee was accepted by the Bar Council of India and accordingly temporary affiliation was approved for a period of five years to run to law course and this was communicated to the Principal of the said College vide their letter dated 6-12-1993, copy of the said letter is Annexure 4 to the writ application. A copy of the said letter was also forwarded to the Registrar, Ranchi University for information. The petitioner, therefore, contended that notwithstanding the affiliation given by the Bar Council of India the respondents- University has been insisting on for prior approval of the State Government in relation to affiliation of the College. The petitioner's further contention was that since the affiliation has been accorded by the Bar Council of India the Ranchi University is bound to recognise and treat the said College as affiliated with the Ranchi University for all practical purposes up to the year 1993 and, consequently, the Ranchi University is bound to hold special examination and published result without any unnecessary delay.

(3.) A counter-affidavit has been filed on behalf of the respondents- University stating, inter alia, that no relief can be granted to the petitioner in view of the fact that the said College was not granted any affiliation by the State Government or by the University for the session for which the petitioner claim to be a student of the said College. According to the respondents, the said College was granted temporary affiliated for three sessions with effect from 1981 to 1984 and after 1984 the College became unaffiliated. In the year 1986, the. State Government informed the Principal of the College that the College does not fulfil the conditions of affiliation and, therefore, the question of extension of affiliation does not arise. It was further stated in the counter affidavit that in connivance of some officials of the examination department of the University and without any order from the Vice-Chancellor of the University the examination fee and form of the students of the said College were wrongly accepted and admit card was issued to the students for their appearance in LL. B. Examination for the sessions 1989- 90 and 1990-91, i.e. when the College was not affiliated. A writ application was filed in 1992 being C.W.J.C. No. 1147 of 1992 (R) by the students of the College and in that writ application a specific stand was taken by the University that the College being unaffiliated College, students cannot be allowed to appear in the examination. That writ application was disposed of on 7-5-1992 with certain direction. Ultimately University cancelled all the admit card issued to the so called students of the College for the aforesaid session when the College was unaffiliated. The University further stated in the counter affidavit that university issued a letter to the Principal of the said College for getting the College inspected by the authorities of the College are not interested in the inspection of the College as they may not be fulfilling the conditions for grant of affiliation of the College and instead, they have got this writ application filed through a socalled student of the College. With regard to affiliation given by the Bar Council of India it is stated in the counter affidavit that notwithstanding affiliation by the Bar Council of India the said college is bound to get affiliation from the University and approval from the State Government and the said affiliation can be granted only after the college fulfils all the requirements.