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HIGH COURT OF PATNA
S. B. Sinha, J.
Rajdeo Prasad and ors. - Petitioners
Vs.
The State of Bihar & anr. - Respondents
Civil writ Jurisdiction Case Nos. 4510 of 1988, 4365 of 1988 and 4008 of 1988
Decided on: 1.11.1988
BIHAR PRIVATE ENGINEERING COLLEGE (TAKING OVER) ORDINANCE, 1986 - SECTION 10 - STUDENTS ADMISSION TO APPROPRIATE BRANCH OF 2ND YEAR - MERIT, CHOICE, AVAILABILITY OF SEATS - ALLOTMENT OF BRANCHES - ESTOPPEL - ACQUIESCENCE - JUDICIAL REVIEW - LEGITIMATE EXPECTATION - ILLEGALITY - PROCEDURAL IMPROPRIETY.
Fact of the Case:
Students of private engineering colleges in Bihar, which were later taken over by the State Government, challenged the decision of the State Government to allot them branches in the 2nd year of B.Sc. Engineering course without considering their merit, choice, and availability of seats, as required by Section 10 of the Bihar Private Engineering College (Taking Over) Ordinance, 1986. The students had been admitted to the 1st year course in the taken-over colleges and had been allowed to appear in the 1st year examination. They had continued to prosecute their studies in the civil engineering branch in the 2nd year, as no other subjects were taught to them.
Finding of the Court:
The Court held that the students had a legitimate expectation that they would be allotted branches in the 2nd year based on their merit, choice, and availability of seats, as per Section 10 of the Ordinance. The State Government was estopped from directing the students to appear in the examination of a particular branch without complying with the statutory requirements. The Court also held that the State Government's failure to comply with the procedural requirements of Section 10 amounted to illegality and procedural impropriety, which were grounds for judicial review.
Issues: 1. Whether the students had a legitimate expectation that they would be allotted branches in the 2nd year based on their merit, choice, and availability of seats, as per Section 10 of the Ordinance? 2. Whether the State Government was estopped from directing the students to appear in the examination of a particular branch without complying with the statutory requirements? 3. Whether the State Government's failure to comply with the procedural requirements of Section 10 amounted to illegality and procedural impropriety, which were grounds for judicial review?
Ratio Decidendi: 1. The Court held that the students had a legitimate expectation that they would be allotted branches in the 2nd year based on their merit, choice, and availability of seats, as per Section 10 of the Ordinance. The State Government was estopped from directing the students to appear in the examination of a particular branch without complying with the statutory requirements. The Court also held that the State Government's failure to comply with the procedural requirements of Section 10 amounted to illegality and procedural impropriety, which were grounds for judicial review. 2. The Court relied on the principles of legitimate expectation, estoppel, and procedural impropriety to reach its decision. It held that the State Government's failure to comply with the statutory requirements of Section 10 amounted to illegality and procedural impropriety, which were grounds for judicial review.
Final Decision: The Court allowed the writ petitions and quashed the impugned order of the State Government allotting branches to the students in the 2nd year of B.Sc. Engineering course without considering their merit, choice, and availability of seats.
S. B. Sinha J. - These three writ petitions involving common question of law and fact were taken up for hearing together and are being disposed of by this common judgment.
2. The petitioners in all these writ petitions are students of Patna Institute of Technology, Patna; Indian Engineering College, Motihari; Magadh Engineering College, Gaya; Dr. Jagarnath Mishra Institute of Technology, Darbhanga; and Vaishali Institute of Technology and Research, Muzaffarpur.
3. C.W.J.C. No. 4510 of 1988 the petitioners were students of Dr. Jagannath Mishra Institute of Technology, Darbhanga and Patna Institute of Technology, Patna C.W.J.C. No. 4365 of 1988 the petitioners were students of Indian College of Engineering, Motihari. In C.W.J.C. No. 4008 of 1988 the petitioners were students of Magadh Engineering Colleges, Gaya.
4. The petitioners were admitted in the year 1980-81 in different Engineering institutions as mentioned hereinbefore.
5. At the material time all such Engineering institutions namely, Dr. Jagannath Mishra Institute of Technology, Darbhanga; Indian Engineering College, Motihari; Magadh Engineering College, Gaya; Patna Institute of Technology, Patna and Vaishali Institute of Technology and Research, Muzaffarpur were being managed privately.
The aforesaid institutions filed applications for recognitions thereof by the State of Bihar in terms of the provisions of the relevant statute.
6. All the students of the aforementioned institutions could not appear in the examination of the 1st year Engineering course owing to the fact that the said institutions were not recognised.
However, the State of Bihar allowed the students of the aforementioned Engineering institutions to appear for the first time in the year 1983 and later on in the year 1986. The result of the said examination was published in December, 1986.
7. In the meanwhile the Governor of Bihar in exercise of his power conferred upon him under Article 213(1) of the Constitution promulgated an ordinance known as Bihar Private Engineering College (Taking over) Ordinance, 1986 whereby and whereunder three private engineering institutions out of the aforementioned five institutions namely, Dr. Jagannath Mishra Institute of Technology, Darbhanga; Magadh Engineering College Gaya and Indian Engineering College, Motihari were taken over with all their assets and liabilities. The aforementioned ordinance came into force with effect from 9th December, 1988.
8. The State of Bihar further adopted a resolution being Resolution No. 2338 dated 23-7-1987 whereby and whereunder it was directed that the students of Patna Institute of Technology and Research Institute, Muzaffarpur be accommodated in the aforementioned three taken over Engineering Colleges.
The said resolution of the State of Bihar dated 23-7-87 is contained in Annexure 2 to the writ petition.
9. From a perusal of the said resolution as contained in Annexure 2 to the writ petition it appears that the State of Bihar adopted the aforementioned policy decision taking a compassionate view of the matter and upon taking into consideration the career and future prospects of the students, However, the students of the aforementioned institutions were to be accommodated after holding screening tests.
10. In terms of the aforementioned resolution, the State of Bihar issued orders along with a list of students of Patna Institute of Technology absorbing them in the aforementioned three taken over engineering colleges.
11. It is asserted by the petitioners that in Jagannath Mishra Institute of Technology, Darbhanga and in Patna Institute of Technology, Patna there was no facilities for imparting education in electrical or mechanical branches as the said colleges did not have any laboratory and workshop.
12. The petitioners have contended that in this; circumstances most of the students had been imparted education only in the discipline of civil engineering and not in any other discipline.
13. The petitioners after successful completion of the
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