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2017 Supreme(Pat) 255
IN THE HIGH COURT OF PATNA
Ajay Kumar Tripathi, Nilu Agrawal, JJ.
Smita Verma, Daughter of Girija Nandan Prasad - Appellant
Versus
L.N. Mithila University, Darbhanga through the Vice-Chancellor & Ors. - Respondents
Letters Patent Appeal No. 1264 of 2013 in Civil Writ Jurisdiction Case No. 10607 of 2006
Decided On : 06-02-2017
Advocate Appeared:
For the Appellant : Md. Faiz Ahmad
For the NCTE : Mr. Kumar Brijnandan, Mr. Tarees Hameed
For the University : Mr. A.B. Sinha
The court upheld the importance of adhering to NCTE regulations and refused to grant relief due to gross irregularities in the admission process.
Headnote:
NCTE Act - Bachelor of Education - Regulation- 2009 - [Clause 14, Clause 15, NCTE Act/Regulations] - The court refused to give any direction for declaration of results due to gross irregularities in the admission process and violation of NCTE regulations by the institution. The University's decision to annul the result was held to be correct and valid, and the writ application was dismissed, as the candidates had gained admission illegally with the connivance of the institution.
Fact of the Case:
The petitioners sought a direction for the publication of Bachelor of Education results for the session 2004-05, which led to the revelation of gross irregularities in the admission process and violation of NCTE regulations by the institution.
Finding of the Court:
The court refused to grant relief to the petitioners, as the University's decision to annul the result was deemed correct and valid due to the illegal admission of the candidates with the connivance of the institution.
Issues: Gross irregularities in the admission process, violation of NCTE regulations, refusal to grant relief for result publication.
Ratio Decidendi: The court's refusal to grant relief was based on the gross irregularities in the admission process and the violation of NCTE regulations by the institution, leading to the annulment of the result by the University.
Final Decision: The appeal was dismissed as it had no merit.
Ajay Kumar Tripathi, J.
There were seven petitioners originally in CWJC No.10607 of 2006. The present appellant was petitioner no.7. They all jointly moved the Writ Court for a direction upon the respondent authorities of L.N. Mithila University to publish the result of Bachelor of Education for the session 2004-05 held in the month of March, 2006 as the same was pending.
2. The innocuous kind of prayer made by the petitioners in the Writ Court has yielded a can of worms, which would be evident from reading of the impugned judgment of the learned Single Judge. It is a rather detailed one and it is the said order dated 19.12.2012, which is under challenge by the present appellant, namely, Smita Verma.
3. The institution in question, namely, S.M. Zaheer Alam Teacher's Training College, Bahera in the district of Darbhanga has had an unsavory past and controversies have been dogging the institution for many a reasons. The Court has reasons to observe as above because of the series of litigations, which have travelled to this Court some of which also related to the control of the institution for which two brothers have been carrying on legal battle from the lowest to the highest forum.
4. When the learned Single Judge started hearing the matter on the issue of publication of the results for the B.Ed. session 2004-05, many uncomfortable facts started coming on record. These primarily related to the manner in which this appellant along with the other six petitioners of the Writ Court came to gain admission in the said course in the college with due manipulation and connivance of the college. The enquiry was not limited to the University but even an enquiry was held by the Regional Director of National Council of Teacher's Education under whose jurisdiction the college in question comes. An affidavit was also filed on behalf of the NCTE and the finding, which emerges from the affidavit and the enquiry has been crystallized in paragraph-25 of the order of the learned Single Judge. The same is reproduced for record:
"25. With the aforementioned findings, the Regional Director, NCTE had gone to record his following observations and conclusions:-
"Comments: Taking the above facts into consideration, the following points are observed:
1. The institution during the admission process committed gross irregularities and admitted seven students unlawfully.
2. Since the Institution neither cooperated with the inquiry committee of the NCTE nor with the inquiry committee of the University by not providing the required documents sought for the required documents related to admission of the students for the session 2004-05, it violated the clause 14 of the Regulation- 2009 which states as follows: "The institution shall make the information or documents available to the National Council for Teacher Education or its authorised representatives as and when required by them. Failure to produce or show any of the required documents, shall be treated as a breach of the conditions of recognition".
3. On the basis of the above facts, this also appears that the institution has violated clause 15 of the NCTE regulation- 2009 by not maintaining records, registers and other documents properly which are essential for running of an educational institutions. The regulations says as follows: "The Institution shall maintain records or registers and other documents etc., which are essential for running of an educational Institution especially those prescribed in the relevant norms and standards and guidelines or instructions or rules etc., of the Central or State or Union Territory Governments, affiliating or examining bodies".
4. Instead of facilitating the inquiry committees of the ERC/University, the institution's authority misbehaved with them which is ethically immoral and any law does not permit to do so.
5. Hence it is prima-faci contravention of provisions of the NCTE Act/Regulations." (underlining for emphasis)"
5. With all these evidence and material in the m
