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Judgment
S.J. Mukhopadhaya, J.—The petitioner, Shyama Prasad College, Tatanagar was established in 1985 and was granted affiliation in respect to one or other subject since the sessions 1985-88, as detailed below :--
Pass Course
Affiliation letter No. and date
Sessions for which affiliation granted
Subjectsb.a./b.sc./ B.Com. Pass
15/A-100
Three Sessions
Arts: English
Bengali,
Education
Bihar Government
from 85-86
85-86
Hindi Economics
HistoryPhylos ophy
Education
86-87
Home Science
Pol.
Department
87-88
Science
Sanskrit
Mathematics
Satistics,
MIL
(Hindi & Bengali)
Science Physics
Chemistry
Zoology,
Botony
Maths
Commerce All
Oompulsory Subjects.
15 AI-018/86 MaNa
Two Sessions
All Subjects Previously Bi
From 1988-89
Memo No. 865
88-89
Dated 11.08.89
89-90
15-A 1-018/86 OuShi
1990-91 to 1994-95
All subjects previously
Memo No. 364
affiliated.
Dated 11.06.94
Sessions
15 A 1-081/86 Ou Shi
Three Sessions
All subjects previously
Memo No. 752
From 1995-96 affiliated
Dated 30.12.96
95-96
96-97
97-98
Hons. level Course
Affiliation letter no and
Sessions for which Subjects
dated
Affiliation granted B.A/B.Sc./B.Com -Pass
15/A 1-18/86 Ou Shi
From 1994-95 lor
B.A. Hons
Bengali,
Memo No. 259 dated Sessions
Pol. Science
14.07.95
94-96
B.Com Hos. All Commerce
95-96
Courses B.Sc Hons.
96-97 15 AM 9/86
Physics 30
Maths. 95-96
B.A. Hons. Hindi
96-97
Economics
Home Science
97-98
98-99
94-95
95-96
B.Sc. Hons. Chemistry,
96-97
Zoology
97-98
98-99
97-98
B.Sc. Hons Botany
99-2000
Memo No. 1596 dated
From 97-98 for next
B.A. Hons
Bengali,
26.10.1998
Three Sessions
Pol. Science
From 97-98 next three
B.Com. Hons. All
Sessions
Compulsory subjects
From 97-98 for next
B.Sc. Hons Physics
Maths.
Three Sessions
It appears that the question relating to permanent affiliation/extension of affiliation of the college remained pending before the State. In the meantime, the students were admitted in different courses which were earlier affiliated. Subsequently, no final order of affiliation having been issued and the college authority having felt difficulty to get the students appeared in the forthcoming examination, the present writ petition was preferred.
This Court vide interim order dated 6th August, 2002 allowed nine students to appear part-II examination of different subjects in view of Government decision contained in letter dated 20th July. 2002. The details of the students are given hereunder :--
Sl. No. Name of the student Subject Session
Ajit Kumar Mishra B.Sc. (Geo) 2000-03 (Part II)
K. Ishwar Prasad B.Sc. (Maths) 2000-03 (Part II)
Kamlesh Singh B.Sc. (Maths) 2000-03 (Part II)
S. Kumar B.Sc. (Maths) 2000-03 (Part II)
Nisha Kumari B.Sc. (Maths) 2000-03 (Part II)
Pushpa Kumari B.Sc. (Chemistry) 2000-03 (Part II)
Manoranjan Bhakat B.A. (Econ ) 2000-03 (Part II)
Sandhya Singh B.A, (His. Hons.) 2000-03 (Part II)
Pinaki Ghosh B.A. (His. Hons.) 2000-03 (Part II)
A counter affidavit has been filed on behalf of the State. It is stated that the Registrar, Ranchi University has been directed through letter No. 04 dated 2nd January, 2003 to look into the matter ex-peditiously and in accordance with law. Counsel for the State states that in absence of the decision of the Ranchi University and its report, final order could not be passed by the State Government.
Mr. A.K. Mehta, counsel for the Ranchi University submitted that the University will take immediate step and forward its report with recommendation to the State Government on an early date.
Counsel for the petitioner in his turn brought to the notice of the Court that earlier the University obtained report relating to college which was submitted on 10th March, 2000 (Vide Annexure-1). In spite of the same, second time report has been sought for.
Having regard to the facts and circumstances, the case is remitted to the respondents with following directions :--
(i) The University will sent its report and recommendation to the State of Jharkhand within one month from the date of receipt/ production of a copy of this order.
(ii) The State Government in its turn will pass its order/relating to permanent affiliation of the college in respect to subject, concerned on the basis of the report and recommendation within three weeks from the date of receipt of report and recommendation.
(iii) The State Government in the meantime will also determine and pass order and give direction to the University whether the result of the students will be published or not, subject to the permanent affiliation of the college within one month from the date of receipt/production of a copy of this order.
The Ranchi University will act accordingly.
The petitioner will produce a copy of this order before the Vice-Chancellor, Ranchi University and the Secretary, Higher Education, Government of Jharkhand.
The writ petition stands disposed of, with the aforesaid observations/directions.