CAMBRIDGE TRUST OF INDIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ application the petitioner has prayed for issuance of writ of mandamus directing the respondents particularly respondent Nos. 3 and 4, Chairman and Controller of Examination, Jharkhand Combined Entrance Competitive Examination Board to send the names of eleven eligible candidates for their admission in the Engineering College of the petitioner as per the panel published by the Board on the basis of examination conducted by it.

(2.) Facts of the case lie in a narrow compass.

(3.) An advertisement was published on 7-7-2001 by All India Council for Technical Education (hereinafter referred as the Council) inviting application for establishment of new Technical Institutions for academic years 2001-02 and 2002-03. Pursuant thereto petitioner applied in prescribed form with all requisite papers and submitted the same in the office of the Council at New Delhi and also office of the Ranchi University and the State government as per the guidelines. The representative of the petitioner appeared before the Council with all the requisite documents. At the same time, Govt. of Jharkhand constituted a Committee to assess the feasibility to establish Engineering College at Tantisilwai for granting approval by the Council. The Departmental Inspection Committee submitted report recommending for establishment of Engineering college in the State of Jharkhand under the private sector as per the policy decision of the State Government. It is contended that the State of Jharkhand through its Secretary, Department of Science and Technology granted "No objection Certificate" to the petitioner's Institute to conduct Bachelor course of Engineering (Civil Engineering, Mechanical engineering, Electrical Engineering, Computer Science etc.) for the Sessions 2001-02. It is contended that the Govt. of Jharkhand made a request to the council to grant approval to Cambridge Institute of Technology for the Session 2001-2002. In terms of the request, the Council constituted a Committee which visited the college in question for granting approval and thereafter the Council also sent its approval for its Session 2001-02. Petitioner then accordingly, wrote a letter to the State of Jharkhand to allow the students for admission. It appears that the Department of Science and Technology directed the Controller of Examination, Jharkhand Combined Entrance Competitive Examination Board (in short examination Board) to allow total 180 students in terms of the approval of seats by the Council. In terms of the direction of the State Government the board in its meeting dated 9-11-2001 passed a resolution to the effect that Secretary, Science and Technology Department shall obtain necessary information from the Registrar, Ranchi University, regarding status of affiliation of the college in question. As per the resolution the Syndicate of Ranchi University in its meeting approved the same and granted affiliation for the academic session 2001-02. The Secretary of the department concerned then directed the Controller of Examination of the Board, to allow 180 students to the Petitioner - Institute for the aforesaid session along with the reservation roster. However, inspite of direction issued by the State of Jharkhand time without number it is stated that the Examination Board has done nothing till date though the Board is going to start counselling from 8-1-2002. Petitioner therefore seeks appropriate direction upon the Examination Board to immediately and forthwith allow the students for admission in petitioner - institute for the Session 2001-02.