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2017 Supreme(Pat) 612

IN THE HIGH COURT OF PATNA
CHAKRADHARI SHARAN SINGH, J.
(19.6.2017)
CWJC No. 3060 of 2017
The Exalt Educational Trust : Petitioner
Vs.
The State of Bihar & Ors. : Respondents

Advocates:
For the Petitioners: M/s P.K. Shahi, Awadhesh Kumar Pandit.
For the Respondent: Ms. Archana Meenakshee.

Headnote:Educational Law–Admission in privately managed recognized engineering/polytechnic colleges–petitioner admitted the students in Polytechnic despite the dismissal of earlier writ application by the High Court wherein the High Court had refused to permit the petitioner to take admission on any basis other than what was decided by the Committee–such admission was also against the clear judgment of the Supreme Court–Conduct of the petitioner allowing such admission is highly reprehensible and no relief can be granted–application dismissed with a direction to the petitioner to return all the fees and charges received from the students and further to pay Rs. 50,000/- to each students. (Paras 9 to 15)

       (2009)6 SCC 697, CWJC No. 605/2017 dt. 17.4.2017–Referred.

CHAKRADHARI SHARAN SINGH, J.:–In tune with the Supreme Court's decision, in the case of Islamic Academy of Education and Another Vs. State of Karnataka and Others; (2003) 6 SCC 697, a Committee has been constituted by the State of Bihar, headed by a retired Judge of this Court, to make supervision and to issue necessary guidelines in respect of admissions to such privately managed recognized engineering/polytechnic colleges, which are not getting any assistance from the State of Bihar, with the nomenclature Namankan Paryavekshan Committee "ukekadu i;Zos{k.k lfefr" (hereinafter referred to as the 'Committee'). Based on a decision taken by the said Committee, the Science and Technology Department, Government of Bihar, issued a communication, vide Memo No. 781, dated 13.03.2014, to the effect that admission to privately managed professional institutions shall be made on the basis of combined admission test, to be held by an Association of such private institutions and the said Association only shall have the right to conduct the entrance test.

2. The present writ application has been filed on behalf of Exalt Educational Trust, through its Chairman, Deepak Kumar, and it is being claimed that the said Trust has established Exalt College of Engineering and Exalt College of Polytechnic, at village Kanhauli, in the district of Vaishali, at Hajipur. The dispute, in the present writ application, relates to Exalt College of Polytechnic. From the facts available on record, it appears that the petitioner had grievance against the decision of the Committee, as communicated through Memo No. 781, dated 13.03.2014, which mandated that admissions in private engineering and polytechnic colleges shall be allowed on the basis of entrance test to be held by Association of private colleges, conducting same/similar professional course. Accordingly, the petitioner put to challenge Memo No. 781, dated 13.03.2014, by filing writ application, giving rise to CWJC No. 9068 of 2016, seeking following relief:—

"(i) For issuance of writ in the nature of certiorari to quashed the letter contained in letter no. 781, dated 13.03.2014 as it was issued without framing any rule in this regard.

(ii) For direction to the respondent authorities to declare the validity/recognition if any of Bihar Private Technical and Professional Institutions Association as bad in law for conducting Entrance Test.

(iii) For direction to respondent authorities not to accept the list of selected candidates as provided by the association for enrolment of Polytechnic students through State Board of Technical Education."

3. When the matter was taken up by this Court on 24.05.2016, the Court, while asking the respondents to file their counter affidavits, passed an interim order, directing the respondents to allow the petitioner to take admissions on the basis of result declared by the Bihar Combined Entrance Competitive Examination Board (BCECEB). The relevant portion of the order is being reproduced hereinbelow:—

"Keeping in mind the law laid down by the Apex Court in the case of Islamic Academy of Education Vs. State of Karnataka (2003) 6 S.C.C. 697, the petitioner, who is the Chairman of the Institution, recognized by All India Council for Technical Education as well as Science and Technology Department, Government of Bihar, is directed to take admission on the basis of results declared by BCECE Board, otherwise the recognition and permission will prove illusory keeping in view the conduct of respondent Nos. 4 and 5."

4. However, no admissions were taken before the writ application was finally dismissed by judgment and order, dated 16.09.2016. The Court took note of this aspect of the matter in paragraph 4 of the said judgment and order, dated 16.09.2016, in the following terms:—

"4. The directive has ended up with a result in favour of the petitioner. However, the delay in the decision making by the concerned respondents including the Department of Science and Technology, Government of Biha


















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