OM NATH KESHRI Vs. JAI PRAKASH UNIVERSITY CHAPRA

JUDGEMENT

(1.) THE petitioner no. 10 Secretary of the governing body of Mahendru Das College, Mathua Nechua, Jalalpur and petitioners no. 1 to 9 claiming themselves to be the students of part 2nd of 3rd year degree course (Hons) of 1992 -95 Session have filed the present application for a direction to the respondents including the Jai Prakash University, Chapra (hereinafter referred to as the J.P University (respondent no. 1) to issue forms and accept fee and forms of petitioner no. 1 to 9 and other students of the said College for appearing in the Part II examination of three years degree course for which a date i.e. 8.11.95 for the commencement of the examination has been announced by the respondent University, to issue Admit Cards to the petitioners and other students allowing them to appear in the said examination, to direct the respondent no. 6 Baba Saheb Bhim Rao Ambedkar University (hereinafter referred to as the Ambedkar University) to transfer the registration of the petitioners and other students to the Respondent no. 1 J.P University and to comply with the direction issued by this Court in L.P.A. No. 650/95 on 28.8.95.

(2.) THE petitioners assertion is that the College in question was established in the year, 1982 and the College was granted affiliation upto Graduate Pass course in Science and Arts subjects. Originally the College was within territorial jurisdiction of Bihar University and now named as Baba Saheb Bhim Rao Ambedkar University (respondent no. 6). However, after creation of J.P University (respondent no.1) the College fell within the territorial jurisdiction of the said University. The students of the college were registered with the Bihar University and the Bihar University had sent a proposal for affiliation of the College upto Hons. level and the said proposal was pending before the Government. The said College imparted studies to the students in Hons. subject and the students wanted to appear in B.A./B.Sc. Hons. examination but the same was not allowed by the Ambedkar University.

(3.) THE students and the Principal of the College filed a writ application being C.W.J.C. No. 7360/93 and a division Bench of this Court consisting of Hon'ble Mr. Justice N. Pandey and Hon'ble Mr. Justice S.K. Singh by order dated 27.7.93 directed the Vice -Chancellor to permit the students, who have already deposited the Fee and Forms, to appear in the examination but their results shall not be published until further orders of this Court. A copy of the said order has been annexed as annexure -F to the Counter Affidavit. In pursuance of the said order the students who had already deposited the Fee and Forms were allowed to appear in the Special Hons. Examination conducted by the respondent no. 6. The said matter was finally disposed of on 3.12.93 by a Bench consisting of Hon'ble Mr. Justice B.P. Singh and Hon'ble Mr. Justice S.K. Singh. A copy of the said order has been annexed as Annexure -1 to the application. This Court in the said order after taking note of the fact that the College was not affiliated upto the Hons. Course and the Registrar of the Ambedkar University (Resp. no. 6) has already clearly stated to the College not to register any student of the Hons. Course even then the College has admitted the students of B.A. Hons. Course, held that no direction can be given in their favour to appear in B.A. Hons. Examination. However, this Court held that if there is any provision that B.A. Hons. student may be treated as a candidate of B.A. Pass Course the University will consider the same. This Court also directed that the grant of affiliation to the College upto B.A. Hons. Course, which is pending before the Government, should be considered by the Govt. within three months. This Court further directed that as the College now has fallen into the jurisdiction of the J.P. University, the students, who were registered with the Bihar University, are required to get themselves registered with the J.P. University but as there being no provision for transfer of the registration the State as well as the University should evolve a procedure for automatic transfer of the registration of the newly created University, However, in absence of registration the students should not be debarred from taking examination. In other words this Court rejected the prayer of the students to appear in the B.A. Hons. Course Examination. In pursuance of the aforesaid direction of the High Court contained in Annexure -1 the Department of Higher Education, Government of Bihar, considered the question of affiliation and granted the same by memo no. 387 dated 13.7.94. A copy of the same has been annexed as Annexure -2 to the writ application, which shows that the affiliation in Honours Course has been granted in Science as well as in Arts faculty.