The Court upheld the University's decision to transfer students and conduct a separate examination to protect the academic interest of the students despite the lack of infrastructure and facilities in the original college.

Aparesh Kumar Singh, J.

I.A. No. 1961 of 2016

Petitioners, who are said to be students of Singhbhum Homoeopathic Medical College & Hospital, Jamshedpur, respondent no. 7, have sought an interim relief for allowing them to appear in the examination scheduled from 12.04.2016 as published by the respondent, Vinoba Bhave University, Hazaribagh for 1st, 2nd, 3rd and 4th Bachelor of Homoeopathic Medicine and Surgery. The programme schedule is at Annexure-IA/2 to the I.A. No. 1961 of 2016.

2. The writ petition has been filed by some students on 18.03.2016 with a grievance relating to transfer of the students of respondent-7, Singhbhum Homoeopathic Medical College & Hospital, Jamshedpur to Mihijam Homoeopathic Medical College & Hospital, Mihijam, Jamtara alleging no basic amenities/infrastructure available. These students are all of different Sessions i.e. for the Session 2008-09 till commencement of Session 2013-2014, each of which course of BHMS is five years duration.

3. Respondent-University was allowed time to file counter affidavit on 28.03.2016 and the matter was posted for 11.04.2016. In between, the instant Interlocutory Application has been preferred for interim relief on 04.04.2016 on which the University asked to submit their response on 06.04.2016. University with promptitude have filed their counter affidavit. Question posed on the instant Interlocutory Application is whether in the circumstances available on records, permission to allow these petitioners to appear in BHMS exam for different years scheduled from 12.04.2016 could be granted and would be proper in the eye of law.

4. What has been noticed from the pleadings of the counter affidavit and the enclosed annexures such as Annexure-A inspection report dated 03.07.2014, another inspection conducted vide Annexure-F on 18.02.2015 and 3rd Inspection conducted on 05.11.2015, Annexure-J all by Central Council of Homoeopathy that there are practically no infrastructure and facilities in the college. It is not even a Society registered under the Societies Registration Act for carrying out teaching activities to the students admitted till 2013-14 batch. Remarks in any one of the report is reflective of abysmal state of affairs of the college so far as provision of infrastructure, clinical facilities, laboratories, teaching staffs etc. is concerned, Central Council of Homoeopathy, therefore, chose to recommend withdrawal of recognition to the Central Government, vide Annexure-D dated 01.01.2015 and also informed the Department of Health & Family Welfare, Government of Jharkhand, vide Annexure-E dated 12.02.2015 of the proposed action. It is also evident from Annexure-C, dated 14.11.2014 and reflected in Annexure-E dated 12.02.2015 that the respondent-College was directed to stop admission from the Session 2014-15 till compliance of conditions and acceptance thereof is made by Central Council of Homoeopathy by the respondent-University. There has been correspondence between Central Council of Homoeopathy such as Annexure-G with the University on the question of migration of students of Singhbhum Homoeopathic Medical College & Hospital, Jamshedpur to other Homoeopathic Medical College in the State of Jharkhand. Affected students, several in numbers have also represented before the respondent-University vide Annexure-M dated 26.02.2016 requesting them to conduct their examination in the aforesaid state of affairs prevailing in the College and if not then transfer the students to any other recognised college in Jharkhand and thereafter conduct the examination. The University took decision on the same day to transfer the enrolled students of Singhbhum Homoeopathic Medical College & Hospital, Jamshedpur of 1st, 2nd, 3rd and 4th year to Mihizam Homeopathic College, Mihizam under its jurisdiction where the transferred students will compensate their required attendance through theory and practical classes. It is also indicated therein that students are being transferred to respond