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2024 Supreme(Jhk) 650

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, Arun Kumar Rai, JJ.
Manish Patwari - Petitioner
Versus
The State of Jharkhand, through the Principal Secretary, Department of Higher & Technical Education and ors. – Respondents
W.P. (PIL) No. 3391 of 2024
Decided On : 03-10-2024

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sumeet Gadodia, Advocate Mrs. Shilpi Sandil Gadodia, Advocate Mr. Prakhar Harit, Advocate
For the Respondent: Mr. Ajit Kumar Sinha, Sr. Adv., Mr. Anoop Kumar Mehta, Adv

Public Interest Litigation must represent genuine public interest, not individual grievances, to be maintainable.

Headnote:(A) Constitution of India - Article 226 - Public Interest Litigation - The writ petition was filed to quash the order of Ranchi University restraining admissions in Intermediate Courses for Academic Session 2024-26, affecting 16,128 students - The court found the petition not maintainable as it did not represent a public interest but rather individual grievances of students. (Paras 1, 41)

(B) Maintainability of PIL - The court emphasized that public interest litigation must involve a genuine public interest and not merely individual grievances, reiterating the need for bona fide representation in such cases. (Paras 19, 41)

Facts of the case:
The petition challenged the arbitrary action of Ranchi University in halting admissions, citing the impact on a large number of students due to the alleged illegalities in the decision-making process.

Findings of Court:
The court concluded that the petition was not maintainable as it did not represent a public interest but individual grievances, allowing affected students to file independent petitions.

Issues: The main issue was whether the petition constituted a genuine public interest litigation or merely addressed individual grievances regarding admissions.

Ratio Decidendi: The court ruled that public interest litigation must serve a broader public interest and not be a vehicle for individual claims, emphasizing the need for genuine representation.

Result: The writ petition was dismissed as not maintainable.

JUDGMENT :

Sujit Narayan Prasad, J.

Prayer

1. The instant writ petition has been filed, by way of pro bono publico, under Article 226 of the Constitution of India, for the following reliefs:

    (i) For issuance of an appropriate writ/order/direction, including Writ of Certiorari, for quashing/setting aside the order contained in Memo No. 693/2024 dated 23.04.2024 [Annexure-7] issued by Ranchi University, Ranchi, wherein the earlier direction for admitting students in the Constituent Colleges of Ranchi University for Academic Session 2024-26 in the Intermediate Courses as contained in Letter bearing Memo No. 690/2024 dated 20.04.2024 [Annexure-6] has been recalled in a most illegal and arbitrary manner and contrary to the directions issued by the State of Jharkhand and/or Jharkhand Academic Council.

    (ii) For issuance of further appropriate writ/order/direction including Writ of Mandamus directing the Respondent- Ranchi University, Ranchi to immediately and forthwith issue necessary directions to its 13 Constituent Colleges to take admission of students in the Intermediate Courses for Academic Session 2024-26, especially because due to non-admission of the students in the Intermediate Courses in the Constituent Colleges of Ranchi University, Ranchi, education prospects and careers of 16,128 students have been put at stake.

    (iii) For issuance of further appropriate writ/order/direction including Writ of Declaration, declaring that the action of the Respondent- Ranchi University, Ranchi in restraining the Constituent Colleges from admitting students in the Intermediate Courses pertaining to the Arts, Commerce and Science for the Academic Session 2024-26 on the alleged ground of accreditation by The National Assessment and Accreditation Council (hereinafter referred to as 'NAAC' for short] is per se illegal, arbitrary and violative of Articles 14 & 21 of the Constitution of India, because accreditation by NAAC has no nexus whatsoever with the admission of students in the Intermediate Courses in Constituent Colleges of Ranchi University, Ranchi.

    (iv) For issuance of any other appropriate writ(s)/order(s)/ direction(s) as Your Lordships may deem fit and proper in the facts and circumstances of the case.

Brief facts of the case:

2. Brief facts of the case, as per the pleadings made in the writ petition reads as under:

3. The disputes involved in the instant Public Interest Litigation allegedly pertains to arbitrary and illegal action of Respondent- Ranchi University, Ranchi in abruptly stopping and/or restraining the process of admission in the Intermediate Courses of Arts, Science and Commerce in 13 Constituent Colleges of Ranchi University, due to which further education prospects and careers of about 16,128 students have allegedly been put to a stake.

4. It is stated that Government of India promulgated a National Education Policy, 2020, wherein it has been proposed for changing the pattern of school education by introducing a new pattern of study popularly known as 'Higher Secondary Stage for Classes 9 to 12'.

5. Under the National Education Policy, 2020, it was provided, inter alia, that education up to Standard- XII shall be provided by schools only and the existing colleges which are providing Intermediate Courses i.e. 10+2 Courses in various streams namely, Arts, Science and Commerce would be phased out and the students would be linked to the schools in a phase-wise manner for taking education for 10+2 Courses i.e. Intermediate Courses.

6. It is stated that although, National Education Policy, 2020 attempted to phase out the Intermediate Courses offered by Colleges by the end of the Academic Session 2023-24 but due to various practical difficulties including inadequate infrastructures and unavailability of 10+2 Schools offering program for 10+2 courses, the said phasing out of Intermediate Courses in Colleges have not yet been achieved.

7. It has further been stated that a meeting was held on 23.11.2022 under Chairmanship of the Secretary, Hi

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