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2018 Supreme(Pat) 1571
IN THE HIGH COURT OF JUDICATURE AT PATNA
Chakradhari Sharan Singh, J.
Ravi Kumar Singh – Appellant
Versus
Chancellor of Universities of Bihar – Respondent
Civil Writ Jurisdiction Case No. 12839 of 2018 with Civil Writ Jurisdiction Case No. 8956 of 2018
Decided On : 31-10-2018
For the Appellant :Mr. Sunil Kumar Singh, Advocate
For the Respondent:Mr. R.K.Giri, Advocate, Mr. P.N.Shahi and Mr. Ritesh Kumar, Advocates, Mr. Rakesh Kumar Samrendra and, Mr. Rashid Izhar, Advocates, Mr. Ashutosh Ranjan Pandey AAG-15 Mr. Vinay Kumar Mishra, Advocate
The main legal point established in the judgment is the Chancellor's authority to issue directions in the administrative and academic interest of the universities, and the State Government's responsibility in addressing the practical difficulties arising from the creation of new universities.
Headnote:
Bihar State Universities Act - Creation of New Universities - Section 3 - Summary of Acts and Sections: The judgment discusses the creation of three new universities in the State of Bihar, namely, Patliputra University, Purnia University, and Munger University, and the jurisdiction defined under Section 3(1) of the Bihar State Universities Act, 1976. The court analyzes the jurisdictional changes and the practical difficulties arising from the creation of new universities, and the Chancellor's office's decision to allow the new universities to conduct examinations for students enrolled from the session 2018-19 onwards.
Fact of the Case:
The case involves two writ applications filed due to controversies and complications arising from the creation of Purnia University and Munger University. One application is filed by teachers training colleges seeking to restrain the attachment of their institutions to the newly constituted Munger University, while the other is filed by students challenging the decision to allow pending examinations to be conducted by the original universities.
Finding of the Court:
The court found that the Chancellor's office's decision to allow the new universities to conduct examinations for students enrolled from the session 2018-19 onwards was necessary to address the practical difficulties arising from the creation of new universities without adequate infrastructure and manpower. The court also directed the State Government to take necessary steps to address the issues arising from the creation of the new universities and complete the process of apportionment of officers, teachers, and servants before the coming academic sessions.
Issues: The issues involved the jurisdictional changes and practical difficulties arising from the creation of new universities, the Chancellor's authority to issue directions, and the State Government's responsibility in addressing the issues arising from the creation of new universities.
Ratio Decidendi: The court held that the Chancellor's decision to allow the new universities to conduct examinations was necessary to address the practical difficulties and protect the academic interests of the students. The court also emphasized the State Government's responsibility in addressing the issues arising from the creation of new universities.
Final Decision: The court disposed of both writ applications, directing the State Government to take immediate steps to address the issues arising from the creation of new universities and complete the process of apportionment of officers, teachers, and servants before the coming academic sessions.
Chakradhari Sharan Singh, J.
With two separate amendments in Section 3 of the Bihar State Universities Act, 1976 (hereinafter referred to as 'the Act'), three new Universities have been created in the State of Bihar, namely, Patliputra University at Patna, Purnia University at Purnia and Munger University at Munger, after carving them out from three existing Universities in the State. Patliputra University and Purnia University have been carved out from the Magadh University at Bodhgaya and Bhupendra Narayan Mandal University at Madhepura and have accordingly been created by Bihar State Universities (Amendment) Act, 2016 (Bihar Act 13 of 2016), whereas Munger University has been created by division of Tilka Manjhi University, Bhagalpur by Bihar State Universities (Amendment) Act, 2016 (Bihar Act 1 of 2017). The said amendments were to come into force with effect from the date, which the State Government, by a notification, issued. The State Government has issued the consequential notification accordingly.
2. Section 3 (1) of the Act defines the jurisdiction of the respective Universities created under the Act. Magadh University, before coming into force of the Amendment Act, 2016 with its headquarters at Bodhgaya (Gaya), had the jurisdiction over the whole of Magadh Division (excluding the colleges and falling under the jurisdiction of Patna University) and Patna and Nalanda Districts of Patna Division. Similarly, Bhupendra Narayan Mandal University, with its headquarters at Madhepura had the jurisdiction over whole of the Koshi and Purnia Divisions and Tilka Manjhi Bhagalpur University with its headquarters at Bhagalpur had the jurisdiction over the whole of the Bhagalpur Division. After coming into force of the Amendment Act, 2016, Patliputra University which has been carved out from the Magadh University, is to have territorial jurisdiction over Patna and Nalanda Districts of Patna Division except the colleges falling within the jurisdiction of Patna University. It appears that the Purnia Division has been carved out from the Koshi Division. The Purnia University has been given the territorial jurisdiction over the whole of territorial jurisdiction of Purnea Division. Similarly, Munger University has been given the territorial jurisdiction over Munger, Khagaria, Jamui, Sheikhpura and Lakhisarai districts.
3. These two writ applications have been filed because of immediate situation emerging out of creation of Purnia University and Munger University leading to various controversies, complications and apprehensions, some of which are genuine, whereas some misplaced. The reliefs, which the petitioners are seeking in the present applications, appear to be diametrically opposite.
4. The petitioner in CWJC No. 8956 of 2018, which has been filed on 05.05.2018, are teachers training colleges which, upon division of Tilka Manjhi Bhagalpur University, fall within the territorial jurisdiction of Munger University. These colleges have apprehension that in the absence of basic infrastructure available and adequate system in place with the Munger University upon its creation, it may not be in position to hold the B.Ed. Examinations within the prescribed time schedule. They are seeking an order restraining the respondents from detaching these institutions from the earlier Tilka Manjhi Bhagalpur University and attach them to the newly constituted/created University. It is their case that newly-created Munger University does not have even the most fundamental requirements in terms of space for accommodating even the Vice-Chancellor of the University, let alone the infrastructure adequate to run the University smoothly.
5. The petitioners in CWJC No. 12839 of 2018, two in number, claim to be the students of different colleges failing under the Purnia Division, which now fall within the territorial jurisdiction of the newly-created Purnia University, on the other hand, have challenged a decision of the Chancellor's office communicating t
