Sudhir Kumar Katriar, J.

1. Twenty students have joined this writ petition with the prayer to set aside the decision of the Patna University, whereby the admission of 146 students including the petitioners and respondent Nos. 6 to 26, to the Bachelor of Business Administration (Honours Course) (hereinafter referred to as BBA), has been cancelled, inter alia, on the ground that the same were beyond the sanctioned strength of seats for the course, and their admissions were actuated by ulterior motives and extraneous considerations. BBA is a three years course and the present writ petition is with respect to the session 2008-2011, commencing with the academic year 2008-09. Respondent Nos. 6 to 19, as well as respondent Nos. 20 to 26, are similarly circumstanced persons and were on their own motion impleaded as party respondents. The petitioners and respondent Nos. 6 to 26 make common cause in challenging the action of the University. In substance, the prayer of the petitioners and respondent Nos. 6 to 26 is to set aside the order dated 20.11.2008 (Annexure M), issued under the signature of the Registrar of the Patna University, whereby the admission of the said 146 students have been declared null and void.

2. The affairs of the Patna University are governed by the Patna University Act 1976 (hereinafter referred to as the Act). In exercise of the powers conferred by Sections 37 and 38 of the Act, and as per the procedure prescribed therein, the University created the course of BBA and issued the requisite order, a photocopy of which is marked Annexure-1 to the writ petition. In terms of Sections 37 and 38 of the Act, such an order of the University is described as "Ordinance". It is evident on a plain reading of the ordinance dated 11.4.2005 (Annexure -1) that the University had sanctioned 60 seats, and 5 additional seats for "....wards of NRI on payment of fee and first-come-first-serve basis". The University issued the requisite "Regulations" in terms of Section 39 of the Act, inter alia, prescribing the structure of the courses, fee structure etc., photocopy of which is part of Annexure-1. The University had published the advertisement for the course in question (apart from other courses not relevant in the present context) which had appeared in the local dailies on 2.5.2008 (Annexure-C), inviting applications from eligible candidates. After completion of the selection process, the merit list was prepared and 60+5 candidates were admitted without causing any grievance. The same is indeed not the subject matter of the writ petition. Thereafter, 146 more students were admitted over and above the sanctioned strength. The list of these 146 persons is marked Annexure-F to the supplementary counter affidavit of the University, some of whom are the petitioners and respondent Nos. 6 to 26.

3. The Vice Chancellor of the University received reports about irregularities committed in the admission of 146 students leading to constitution of a fact-finding Committee, comprising of three senior members of the faculty of the University, headed by the Principal of the Patna Science College. The Committee submitted its report dated 15.11.2008, and a copy of the findings is marked Annexure-J to the supplementary counter affidavit. Thereafter action has been taken as per the recommendations, the admissions have been declared null and void by the impugned order, the Course Coordinator has been placed under suspension, and has been served with charge-sheet. The Director of the Course-cum-Principal of the Patna College has been transferred, has been served with charge-sheet, and similar action has been taken against two clerks of the Patna College.

4. It is stated in the writ petition that the BBA course has started with the session 2005-2008, commencing with the academic year 2005-06. The course became very successful. Large number of students applied for that batch and the successive batches, all of them got placements with various Compan