Vindhyanchal Prasad Lal Shrivastava v. State Of Bihar
1996-04-15
N.PANDEY
body1996
DigiLaw.ai
Judgment 1. This writ application has been filed for quashing the order contained in Annexure 2, dated 31st March, 1995, whereby and whereunder the Bihar Intermediate Education Council, in exercise of its power under section 44 (5) read with Sec.22 (5) of the bihar Intermediate Education Council Act, 1992 (hereinafter called the Act), has constituted an ad hoc committee for the management of Gram Bharti Balika vidyapith, Ramgarh, Bhabhua. A prayer has also been made to quash the advertisement published in the daily newspaper Hindustan by the convenor of the ad hoc committee on 20th November, 1995, along with local advertisement made on 3rd November, 1995, contained in Annexure 1 and 1/a inviting applications for appointment to the post of teaching and non-teaching staff of the Vidyapith. 2. Main contention "on behalf of the petitioners is that admittedly, the College was not granted affiliation by the Council on the day when the impugned notification was issued regarding constitution of the ad hoc committee. Therefore a bare reference to sub-sections (3) and (4) of Sec.44 of the Act would show that Council will have no jurisdiction to constitute an ad hoc committee with respect to a college which had a valid affiliation. In other words, with respect to a college which is unaffiliated, the Council cannot constitute any committee. It has been further contended even assuming, the affiliation of the college as granted in the year 1992, was extended upto March, 1996, but in any event the adhoc committee constituted vide notification contained in Annexure 2 would cease to have jurisdiction over the affairs of the college after expirty of the period of affilation. 3. Learned Additional Advocate general, appearing for the Intermediate council as well as Mr. Roy appearing on behalf of the member of the ad hoc committee contended that in view of the decision of the Council, extending affiliation of the college, by a letter dated 31st january, it is wrong to say that on 31st march, 1995, the Vidyapeeth in question was not affiliated. But neither the learned advocates for the Council not the ad hoc committee could controvert the legal position that after expiry of the period of affiliation the Council would have no power to constitute an ad hoc committee. 4.
But neither the learned advocates for the Council not the ad hoc committee could controvert the legal position that after expiry of the period of affiliation the Council would have no power to constitute an ad hoc committee. 4. But it has been contended that extension of affiliation for the year 1996 would mean that such extension was made valid till 31st December, 1996 or in any view of the matter, it cannot be earlier to 31st May, 1996, that is, till the end of the academic session. 5. On the other hand, Mr Singh, while drawing my attention to the statement made in paragraph 5 of the counter affidavit filed on behalf of respondent nos.2 and 3 dated 9th February, 1996, as also the letter dated 30th January, 1996, contained in An-nexure I whereby the College authorities were informed by the Council about the extension of affiliation, tried to show that every where it was mentioned that affilation was extended till March, 1996. Therefore, in view of such a definite statement, the respondents should not be allowed at a subsequent stage to take a plea that extension was for whole of the year or till end of academic session. 6. There is no doubt that if extension is granted for the year 1996 in normal course it would mean that such extension is upto the end of the academic session but in view of the statement made in paragraph 5 of the counter affidavit as well as the letter of the council whereby decision granting extension was communicated, it would be difficult for this Court to hold that such affiliations was for whole of the year. 7. Therefore, having regard to the facts noticed above, there will be no option but to hold that the ad hoc committee in question will cease to exist unless a fresh notification is issued by the Council after granting affiliation to the college. 8. But I would like to clarify that this order will not affect the right of the students of the college in question to appear at the ensuing examination or to complete their studies nor in the changed circumstances any other authority can interfere to that extent. 9.
8. But I would like to clarify that this order will not affect the right of the students of the college in question to appear at the ensuing examination or to complete their studies nor in the changed circumstances any other authority can interfere to that extent. 9. Before parting with this order, it would be appropriate to indicate that I have not examined the rival contentions of either parties on other issues because in the facts and circumstances it was not necessary to discuss all those materials. 10. With the aforesaid direction/observation, this writ application is thus disposed of. But in the circumstances of the case, there shall be no order as to costs.