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2007 Supreme(Pat) 29

PATNA HIGH COURT
Aftab Alam and Rekha Kumari JJ.
Satish Kumar
Versus
V.C.Bhupendra Nr.Mandal University
Letters Patent Appeal No. 453 of 2001 ; 460 of 2001 ; 1287 of 2001 ; 422 of 2001 ; 432 of 2001 ; 404 of 2001 ; 421 of 2001 ; 454 of 2001 ; 470 of 2001 ; 836 of 2001 ; 839 of 2001 ; 876 of 2001 ; 945 of 2001 ; 840 of 2001 ; 849 of 2001 ; 850 of 2001 ; 851 of 2001 ; 852 of 2001 ; 858 of 2001 ;
Decided On : JANUARY 5, 2007

Headnote:University Laws-Revocation and cancellation, with retrospective effect, of the recognition/affiliation of the Teachers Training Colleges claiming to be the minority institutions-L.P.A. 432 of 2001-recognition granted by the state govt. vide letter No. 307 dated 4.12.1997 found to be forged-F.I.R. lodged by the cabinet vigilance Deptt.-prayer in C.W.J.C. 5480/99 (giving rise to LPA 432/01) rightly rejected;

       L.P.A. No. 421 of 2001-No material on record to show that the college was over granted recognition-provisional affiliation granted by the University collusive and fraudulent-no benefit can be claimed by anyone somehow appearing in the examination-no interference with the impugned judgment;

       L.P.As. No. 404 & 454 of 2001-college expressly denied recognition by the state govt. -provisonal affiliation obtained in a collusive and fraudulent way-case of criminal conspiracy found by the vigilance leading to institution of criminal cases-appeals held not having any merit;

       Remaining LPAs.-nothing startling existing in the college in question in these appeals-on an earlier occasion the High Court directed the University to hold examination for the Session 1999-2000 for the students of the college in question-cancellation of the degree in the past sessions is highly anomalous and accordingly such degrees restored-impugned govt. order and University notification quashed-however, the order directed not to have any effect on the criminal cases and nor of any help for grant of recognition/affiliation-of the college in question.

       1982 BBCJ 81, (1998)5 SCC 377, (2000)7 SCC 618, C.W.J.C. No. 912/2001 dt. 13.2.2001, LPA No. 628/2001 dt. 17.7.2003, 2005(4) PLJR 607-Referred to.

Judgment

Aftab Alam, J.

1. Eighteen appeals in this batch of twenty arise out of a common judgment by which the cases giving rise to those appeals (alongwith some other analogous cases) were dismissed by a learned single Judge. Following that judgment two other similar cases were dismissed by two other single Judges giving rise to the other two appeals in the batch.

2. The matter relates to revocation and cancellation, with retrospective effect, of the recognition/affiliation granted to four Teachers Training Colleges, claiming to be minority institutions by the State Government and the University respectively. As a consequence of revocation of recognition/affiliation, the degrees granted by the University to the students of those Colleges for the past sessions have also been cancelled affecting a large number of students. The concerned Colleges are four in number. These are (i) National Teachers Training College, Arer, Madhubani Darbhanga, (ii) S. Wakil Ahmad Teachers Training College, Murgiyachak, Darbhanga, (iii) R. A. College of Education, Kunjour, and (iv) Muslim Minority Ahmadia B.Ed. College, Katihar. The first two Colleges were granted affiliation by Lalit Narayan Mithiia University, Darbhanga and the other two by B.N. Mandal University, Madhepura.

3. Curiously though it is only the first institution, namely, National Teachers Training College, Arer that has come to challenge the actions of the Government and the University in revoking its recognition/affiliation and the degrees granted to its students retrospectively. It also seeks to challenge the action of the National Council of Teacher Education in withdrawing its recognition as a consequence of the revocation of the recognition/affiliation by the State Government/the University. The other three institutions do not seem to be bothered by the actions of the Government/ University. None of the three institutions has come forward to challenge the notices/orders concerning them and in case of those three Colleges, only individual students have come to the Court, trying to save their degrees granted by the Universities to which those Colleges were affiliated.

4. The genesis of the matter lies in institution of criminal cases against the promoters and office bearers of the four Colleges for criminal conspiracy, cheating, fraud, forgery etc. It appears that enquiries were made in the affairs of these Colleges by the Investigation Bureau of the Cabinet (Vigilance) Department and in light of the enquiry report, First Information Reports were lodged at the Vigilance Police Station giving rise to different cases. In view of the materials, forming the basis of the F.I.Rs., directions were issued to the concerned Universities to retrospectively revoke the recognition granted to the Colleges. The Vice-Chancellor of the concerned Universities followed by issuing the notices/orders of revocation, retrospectively cancelling the affiliation of the Colleges.

5. For the sake of convenience, I propose to take up the matter concerning each of the four Colleges separately. NATIONAL TEACHERS TRAINING COLLEGE ARER, MADHUBANI UNDER LALIT NARAYAN MITHILA UNIVERSITY (LPA No. 432 of 2001, arising from CWJC No. 5430 of 1999).

6. On the basis of the Vigilance enquiry, a first Information Report was lodged against the promoters and office bearers of the College, on 11.5.1999 giving rise to Vigilance Police Station Case No. 8 of 1999. Following the institution of the case, the Deputy Secretary in the Department of Secondary, Primary and Adult Education issued letter, dated 18.5.1999 to the Vice-Chancellor/Registrar, Lalit Narayan Mithila University, Darbhanga stating that in the F.I.R. of the Vigilance Case, the departments letter no. 307, dated 4.12.1997 (by which the College was granted recognition) was described as forged and it came to light that that letter was the result of interpolation and manipulation in Government records; further that in view of the facts coming to light, letter no. 307

















































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