JULIUS GOSWAMI Vs. CHANCELLOR OF UNIVERSITIES

JUDGEMENT

(1.) THOUGH Education is a fundamental right of every citizen of this country but the vagaries and corruption in the administration of the Ranchi University has spoiled the career of hundreds of student's is the allegation of the petitioners in these two writ applications. Though the question as to whether the petitioners can move this Court in their personal capacities, is not very material, the fact remains that these two students have brought to the notice of this Court as to how due to mal administration neither examinations are being held according to schedule nor results are being published in time as a result of which successful candidates are being deprived of the opportunities of appearing in the concerned entrance examinations for higher education and alike.

(2.) WHEREAS in CWJC No. 1545/97(R) the petitioner has highlighted the reasons for deplorable state of affairs in the Ranchi University which has resulted in not holding examinations in time and publication of result within statutory period, in CWJC No. 1695 of 1997(R), the petitioner has prayed for quashing the notification dated 2.5.97 by reason of which the Registrar of the University has superseded the earlier notification dated 21.4.97 by the order of Vice Chancellor and also the order dated 8.8. 96 appointing Dr. Hasan as the Pro Vice Chancellor of the University for a second term.

(3.) SOME admitted facts are that Dr. M. K. Hasan was appointed as Pro Vice Chancellor of the University by order of the Chancellor dated 12.9.90 and Dr. Hasan took charge on 14.9.1990. In view of Section 12(2) of the Bihar State Universities Act, 1976 (hereinafter referred to as the Act), though tenure of such post is for a period of three years, by an wireless message dated 13/14.9.1993 Dr. Hasan was allowed to continue on the said post beyond the expiry of his term until further orders. Again by order dated 8.8.96 Dr. Hasan was appointed as Pro Vice Chancellor with immediate effect for a period of further three years. Thus, since September, 1990 Dr. Hasan has been holding the post of the Vice Chancellor and as under Section 12(5) of the Act, a pro Vice Chancellor is required to perform only those specific statutory works, by the order of the Vice Chancellor an office orders was issued on the 21st April, 1997, directing inter aha, that the files concerning admission and conduct of examinations upto Bachelor course and the publication of results of the examinations conducted by the University upto that level shall be submitted to respondent No. 3 by the Controller of examination and Dean, students welfare respectively and the Pro Vice Chancellor shall dispose of these files at his level in accordance with the provisions laid down in Section 12(5) of the Act. The Pro Vice Chancellor was to submit the action taken from time to time in this regard to the Examination Board/Vice Chancellor and the files concerning admission, conduct of examinations and publication of results thereof other than the Bachelor examinations shall be submitted to the Vice Chancellor by the Pro Vice Chancellor. The said notification dated 21.4.97 expressly stated that the files concerning involvement of finance be routed through the Registrar to the Financial Advisor who will place it before the Vice Chancellor directly and the files concerning establishment be routed thought the Registrar to the Vice Chancellor directly. This notification was, however, superseded by another notification dated 2.5.97 by the order of the Vice Chancellor by reason of which it was directed that the movement of files relating to finance, establishment and other matters will be routed to the Vice Chancellor through the Pro Vice Chancellor. It was further directed that the files relating to finance will be submitted by the Registrar to the Financial Advisor who will send the same to the Vice Chancellor through Pro Vice Chancellor. It may be mentioned here that all the aforesaid orders/notifications have been annexed by the petitioners in the writ applications.