SANTOSH KUMAR ROY Vs. NIRMAL KUMAR CHATTERJEE

JUDGEMENT

(1.) ON 13.4.2001, in L.P.A. No. 349 of 2000, this Court held that there was no reason to interfere with the direction of the learned Single Judge directing the appellants to move the State Government for granting affiliation to the commerce faculty of the college. But their Lordships added that the college must move for grant of affiliation before the University concerned with the requisite inspection fee within one month and the University, in its turn, after examining all the pros and cons, must forward its recommendations to the State Government within four months thereafter and the State Government was to take a final decision within two months thereafter. The Contempt of Court case was filed on the allegation that the directions had not been complied with by the respondents, though the college had made the necessary application accompanied by a certified copy of the concerned judgment. Though belatedly, the recognition has not been granted and in that context contempt can be said to arise only because of the delay in dealing with the application made by the college.

(2.) BUT during the course of this proceeding, a shocking fact was revealed. It was the fact that the Universities ' in this State are permitting students of unaf -filiated colleges and/or unrecognised courses, to take the examinations conducted by the Universities along with the students of affiliated colleges imparting education in recognised courses. The College of the petitioners was one such. Even according to the petitioners, the commerce faculty of the college did not have an affiliation or recognition. But, it was claimed by the petitioners that their college was admitting students to commerce graduate course and was presenting those students for examinations and they were being permitted to take the examination as if there was no difference between an affiliated college or recognised course and a non -affiliated college or non -recognised course. On this, we thought that the relevant information must be called for from the University. During the course of the arguments, it also transpired that not only the Ranchi University, but also the other universities are following this unauthorised course. Since this was an unheard of or unimaginable situation, we issued notices to Ranchi university to explain to us in what circumstances the students of the college in question were permitted to take the B.Com. Examinations, when the course remained unsanctioned. No satisfactory explanation could be provided by the Ranchi University, except saying that this was going on for some time. But we felt so disturbed that the Universities were acting so irresponsibly that they were not even ensuring that the relevant University laws are implemented properly, that we passed an order directing the Ranchi University, the Vinoba Bhave University and the Siddhu Kanu University and the Vice Chancellors not to permit students of any unaffiliated college or unrecognised course in an affiliated college, to take the university examinations along with the students of recognised courses in an affiliated college. It is now submitted that this direction is being implemented. Only this order has thus brought to an end this unauthorised practice indulged in by the universities and the colleges that were within the jurisdiction of these three universities.

(3.) THE Universities have now informed us that they have now directed to strictly implement the Rules, Regulations and the statutes regarding affiliation of colleges and recognition of courses and they have directed the colleges not to admit students to courses not recognised or approved by the universities and by the Government. One is tempted to thank the universities for small mercies, but we do trust that the universities would at least now recognise the discredit they have brought to themselves and the need to check the lowering of standards of education in this State. That none of the Vice Chancellors even bothered to look into these aspects and take action, corrective action before, is another story.