2012 Supreme(Pat) 1601
IN THE HIGH COURT OF JUDICATURE AT PATNA
MIHIR KUMAR JHA, J.
Sayed Sadik Akhter, son of Syed Sham Suddin & Ors. – Petitioners
Versus
L.N. Mithila University, Darbhanga through the Vice Chancellor & Ors. – Respondents
Civil Writ Jurisdiction Case No.10607 of 2006
Decided on: 19-12-2012
Advocate Appeared
For the Petitioners:Mr. Faiz Ahmed, Advocate, Mr. Y.V. Giri
For the L.N. Mithila University : Mr. A.B. Sinha
For Respondent no. 4: Mr. Basant Kumar Chaudhary
For N.C.T.E. : Mr. S.N. Pathak
Headnote:University Laws-Cancellation of B.Ed. result-reports of the University authorities and the report of the members of the NCTE show that admission of the petitioners in the B.Ed. Course was manipulated at the instance of the College authorities-petitioners would not be entitled for declaration of their result-orders cancelling the result of the petitioners do not suffer from any error-Writ petition dismissed. (Para 45)
Constitution of India-Article 29-Institutions run by the minorities-when autonomy has been given to the minority institutions in the matter of administering the educational institution, such power is also coupled with the duty to act fairly, inasmuch as, if Article 29 and 30 are the part of the fundamental right so is the Article 14 which itself envisages fairness and transparency in the action of the authority-college being affiliated to the university and examinations being conducted by the university, the university has every reason to look into the eligibility of the candidates who are being set up by the college for appearing in the University examination-true it is, in the present case, that the college has received the recognition of NCTE but even the NCTE authorities the university to ensure that the provision made in the regulation for admission and teaching in the B.Ed. Course is followed in letter and spirit. (Paras 43 & 46)
AIR 1976 SC 376, 1987 PLJR 591 (F.B.), (2010)8 SCC 49-Referred to.
In this writ application when it was filed on 29.8.2006, the prayer of the petitioners had read as follows:-
“1. That the present writ application is being filed to issue writ in the nature of mandamus commanding the respondents to publish the result of Bachelor of Education final Examination for Session 2004-2005 held in the Month of March, 2006, for above named petitioners, which is pending.”
2. In the writ application, it was stated that upon entrance examination held on 29.8.2004 in S.M. Zaheer Alam Teacher’s Training College, Bahera, Darbhanga (hereinafter to be referred to as ‘the college’) for admission in Bachelor of Education Court (B.Ed.) on 29.8.2004 in 2004-05 session, the petitioners had been selected whereafter they were admitted in between 6.9.2004 to 25.9.2004 as would stand supported from the receipt granted by the college acknowledging deposit of tuition fee for the B.Ed. Course of the session 2004-05. The petitioners have also stated that subsequently, the L.N.M. University, Darbhanga had also registered them by issuing the registration receipt in support of which they have annexed one such registration slip as contained in Annexure-3 series. The petitioners have also claimed that in January, 2006 when the final examination was notified by the University, they had filled up examination form for which they were also issued admission card (popularly known as Admit Card) by the University, whereafter, they had appeared in the examination held in the month of March, 2006 which was followed by a practical examination held in the month of April, 2006.
3. According to the petitioners, the result of the aforementioned examination was declared by the University in July, 2006 but, the result of the petitioners was kept pending. Subsequently, the petitioners claim that their candidature itself was cancelled by the University by issuing press communiqué published in Dainik Jagran and Hindustan (Hindi) on 9.8.2006, whereafter, the Principal of the college had taken up the matter with the authorities of the University. The petitioners have alleged that the said cancellation of the candidature was made because of a biased report submitted by the Investigating Committee of the University constituted to examine the fairness of the admission procedure in the B.Ed. Course in the college. The petitioners have alleged that the members of the Investigating Committee consisting of Dr. Balmiki Prasad Singh and Dr. Ishwar Chandra Verma and other University Officers had demanded ten sheets for admission of the candidate in B.Ed. Course for the session 2006-07 and Dr. Balmiki Prasad Singh, one of the members of the Inspection Committee, had in fact sent documents and photographs of one Bhawani, his daughter-in-law for admission in the B.Ed. Course of Sessions 2006-07 and as the admission to Bhawani in the B.Ed. Course was not given by the authorities of the college, it had led to the cancellation of the candidature of the petitioners. According to the petitioners, the respondent University had neither disclosed any reason for withholding of the result nor had given them any notice and/or opportunity of hearing before cancelling of their candidature.
4. To these simple looking averments in the writ application, the Registrar of the University in February, 2006 had filed his counter affidavit, wherein, it was stated that when the college, in question, had submitted its list of students for registration for conducting of the B.Ed. Examination of the year 2005, the University had constituted a Committee consisting of Dr. Balmiki Prasad Singh, Dean-Education and Dr. K.P. Singh, Controller of Examination in February 2006 to enquire into the process and genuineness of the admission of the students admitted in the college in 2004-05 session whose fees and forms were forwarded by the authorities of the College for their being permitted to appear in the annual B.Ed. examination to be held in the month of March 2006. The Registrar has f