ALL JHARKHAND MADRASA STUDENTS UNION, SAHEBGANJ, THROUGH ITS SECRETARY Vs. STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, GOVERNMENT OF JHARKHAND, RANCHI

JUDGEMENT

(1.) This petition has been preferred with the following prayers:

(2.) We have heard the counsel appearing for the respondents who has submitted that this is a policy decision to be taken by the Government of Jharkhand and looking to the prayers made in this writ petition, there is no public interest involved. The petitioner has also challenged Clause-5 of the Advertisement issued by the Respondent Nos. 4 and 5 which is at Annexure-4 of the memo of this petition. It is submitted by the Additional Advocate General that this is not a public interest litigation at all. If there is any breach of any of the circular then the aggrieved party can approach the Court by way of the writ petition (Service) and therefore, the petition may not be entertained by this Court. The Additional Advocate General has also pointed out Section 22 of the University Grants Commission Act, 1956 and submitted that the degree can be awarded by the University established or incorporated by or under the Central Act, Provincial Act or the State Act etc. Several aspects are to be considered by the State of Jharkhand, such as about the Institution, about the teaching standards, about the faculty members, about the syllabus which is prescribed for the aforesaid two degrees namely, the teaching hours etc. and a policy decision has to be taken by the Government and therefore, this writ petition may not be entertained by this Court.

(3.) Having heard the counsel for both the sides and looking to the facts and reasons stated hereinbelow, we see no reason to entertain this writ petition for the following facts and reasons: