The Vice-Chancellor of a university does not have the power to grant affiliation to a college, as this power is vested only in the Senate.

Narayan, J.

1. In this case the petitioners, who are two of the students of the Intermediate Science class in the Raja Siva Prasad College, Jharia, nave moved this Court for an appropriate writ directing the opposite party No. 2 (the Bihar University) to hold an Intermediate examination in Science for them and the other students of the college.

2. The material facts are not in dispute, and they are as follows: Both the petitioners joined the 1st year Science class of the college in July 1952 and attended the lectures for about two years. In 1953 they were registered as University students on payment of the registration fees. After they had studied for about two years they appeared at the Test examination of the college and were sent up for the University examination which was to be held in the year 1954. They paid the examination fees, and in the second week of February 1954, got their Admit Cards. On the basis of the Admit Cards they appeared at the examination, and on 16-2-1954 they sat at the examination held in English, Papers I ,and II. On 17-2-1954 they and the other students of their college who were sitting for the examination were informed that they would not be allowed to sit, and later on they learnt that the University had not granted to their college an affiliation in Intermediate Science with, effect from 1952 so as to enable the Intermediate Science students of this college to sit at the examination to be held in February 1954.

3. The contention of Mr. B.C. Ghose who has appeared balore us on behalf of the petitioners is that the circumstances of the case amply justify the issue of a writ, inasmuch as the University could not prevent the petitioners from sitting at the examination after Admit Cards had been issued to them, and the learned Counsel has also pointed to us in this connection that these petitioners had already been registered as University students. Mr. Ramesh Chandra Bhattacharjee, the ex-Principal of the college, has been made opposite party No. 3 in this case, and the learned Counsel for the petitioners has called to our attention the facts mentioned in his affidavit.

4. It could not be disputed before us that the college had not been affiliated up to the I. Sc. standard with effect from the year 1952 so as to enable the petitioners to appear at the annual examination which was going to be held in February 1954. The minutes of the Senate have been placed before us, and they go to show that it was on 1-4-1953 that a member of the Senate moved on behalf of the Syndicate that the Senate

"do grant affiliation to Raja Shib Prasad College, Jharia, up to the I. Sc. standard for a period of two years with effect from the session 1953-54"

subject to the fulfilment of certain conditions. "The motion as moved was put and carried", and to the affidavit of the opposite party No. 3 is attached the Bihar University communique dated 20-6-1953, which shows that though this college had been affiliated up to the I. Sc. standard the college authorities had not yet got permission to admit students.

Thus, it is manifest that there was no affiliation of this college so far as the I. Sc. standard is concerned with effect from the session 1952-53. But the affidavit sworn by the ex-Principal shows that the Vice-chancellor of the University had given Mm and the staff to understand that affiliation would be granted to the college for I. Sc. with effect from July 1952. And it appears that on 29-9-1952, the Vice-Chancellor, Mr. S.N. Sahay, wrote to one Mr. P.C. Bose, M.P., that he was asking the Registrar to take necessary action about the opening of the Science classes. This letter says that the Principal should be asked to remind the Vice-Chancellor October 1952 when the office will open. This letter was sent by the Vice-Chancellor in reply to a letter of Mr. P.C. Bose dated 12-9-1952, in which Mr. Bose had requested the Vice-Chancellor to grant recognition to the Science section of the college as early as possible.