1997 Supreme(Pat) 14
PATNA HIGH COURT
M.Y.Eqbal, J.
Shambhu Sharan
Versus
Ranchi University
Civil Writ Jurisdiction Case No. 2094 of 1996 ;
Decided On : JANUARY 09, 1997
Headnote:Bihar State Universities Act 1976, sections 2(C), 2(f), 4 and 21 - Bar Council of India Rules 8, 20, & 21 - Advocates Act 1961, sections 3, 4, 6, 7, 21 and 49, Bar Council of India granting temporary affiliation to B.N.S. Law College for a period of 5 years - Petitioner seeking relief to recognize the said college as affiliated College of Ranchi University on the strength of Bar Council recommendation - Universities Act and Statutes providing certain conditions to be fulfilled for getting affiliation of college - Bar Council Act or Rules does not give overriding effect on the State Universities Act and/or of the Statutes of the University - there is nothing in the rules also which empowers only the Bar Council of India to give affiliation - Rule 21 is not mandatory in nature - held mere by because the affiliation was granted by Bar Council of India, authorities are not bound to accept the college as an affiliated college of Ranchi University - consequently the University is also not bound to hold examination unless the college is affiliated with University with prior approval of the State Govt. - petitioner is not entitled to get any relief. (Paras 11, 17 to 20)
M.Y.Eqbal, J.
1. In this writ application the petitioner seeks declaration that B.N.S. Law College ( Bhishm Narayan Singh Law College) at Daltanganj, (hereinafter referred to as the college) has since been granted temporary affiliation for a period of 5 years to run the Law college by the Bar Council of India in terms of letter dated 6.12.1993 (Annexure-4), the respondents Ranchi University and its officials are bound to recognise the said college as affiliated college of Ranchi University for all practical purposes. Further a prayer has been made for a direction to the respondents-University to conduct special examinations for the Sessions 1989-90 and to publish result of the LL.B. Part I and Part II examination for the Sessions 1989-90 and 1990-91.
2. the writ application has been filed at the instance of the petitioner who is a student of the said college and has claimed to have filed the writ in representative capacity on behalf of other students of the said College. According to petitioner the said B.N.S. Law college, Daltanganj was given affiliation from time to time by the Ranchi University with prior approval of the State Government and on the basis that students were admitted session after session and appeared in the examination of different parts of LL.B. course. The Ranchi University took steps to hold examination of the courses of LL.B. Part I and Part II apart from Part III of the above referred sessions which was due to commence on and from 9th March, 1992. Accordingly, various L&w Colleges including B.N.S. Law College, Daltanganj, got the examination forms etc. filled up of their respective students and on deposit of examination fee, the Ranchi University issued "admission card" to all students of LL.B. Part I and Part II for the session 1989-90 and 1990-91 of the said college like other Colleges to appear at the examination of all parts due to begin from March 9, 1992. The petitioners further case was that on schedule the examination commenced from March 9, 1992 and in the first round examinations of all papers of LL.B. Part II for sessions 1990-91 were held at which the petitioner, like other students in general, appeared and thereafter the examination of only two Papers, i.e. papers II and Paper III of the LL.B. Part I were held where after further examination was suddenly postponed on all places of various Law colleges under the Ranchi University. The revised date was published in rescheduled programme to hold examinations of the rest of the papers of which examinations were postponed or stopped, the revised date of examinations were to begin from 17.1.1993 but in the programme so published the name of B.N.S. Law College, Daltanganj was excluded with out any rhyme or reason. The petitioners further case was that a writ application was filed by some of the students who had appeared in the said examination praying for the relief, inter alia, to allow the said petitioners to appear at the examinations which application was numbered as C.W.J.C. No 177 of 1993 (R) which was disposed of in terms of an order dated 20.1.1993 directing the State Government to consider the grant of affiliation of the said college and to pass appropriate order. Besides the above, the further case of the petitioner was that the power to affiliate the college vested in the Ranchi University and all preliminaries inspection were done by the Ranchi University to affiliate the college and, therefore, Ranchi University was bound to perform its duty. It was further stated in the writ application that in the meantime the Bar Council of India in exercise of power conferred by Bar council of India Rules inspected the college for the purpose to examine whether continuance of affiliation of the college be disapproved. The said inspection was held by the authorities of the Bar Council of India on 4.9.1993 and a report was submitted, copy of the said report is Annexure 3 to the writ application. The said inspection report was considered by t