Ursuline WomenS Health And Physical Education College v. State Of Jharkhand
2003-11-13
R.K.MERATHIA
body2003
DigiLaw.ai
ORDER R.K. Merathia, J. 1. Heard learned counsel for the petitioner and learned counsels for the respondents. 2. The grievance of the petitioner is that in spite of judgment dated 7.3.2002 passed by this Court in W.P. (C) No. 4227 of 2001 and subsequent order passed in Cont. Case (Civil) No. 490 of 2002 dated 2.9.2003, the students of the petitioner have not been allowed to take part in the examination as per the said orders. 3. Petitioner has prayed for a direction upon the concerned respondents to implement the said orders of this Court fully and immediately hold examinations for the students of the petitioner- Institute who successfully completed their courses in the Sessions 1995-96, 1996-97, 1997-98 and 1998-99 in so far as the Diploma in Physical Education (D.P.Ed.) and for the Sessions 1995-96, 1996-97 in so far as the students of Certificate of Physical Education C.P.Ed.) are concerned. 4. It is further submitted that the examinations are going to be held from 10th December, 2003. In that view of the matter, I intend to dispose of this application at this stage by passing the following order. 5. It appears that the petitioner has made a representation to the Secretary- cum-Commissioner, Department of Human Resources Development, Government of Jharkhand, Ranchi on 22.10.2003 (Annexure 05). It is submitted that no orders have been passed on the said representation. Learned counsel appearing for the State submitted that the Secretary is already taking action on the said representation, and he will pass necessary orders within a short time after contacting NCTE. Learned counsel appearing for NCTE pointed out that the students can be allowed, to appear in the examination only for those courses and for those years for which the institute is recognized by National Council for Teaches Education (NCTE). Learned counsel for the petitioner is not disputing this position. It was further pointed out on behalf of the respondent No. 7 that NCTE has come into existence on 17.8.1995, and therefore it is not concerned with the earlier period. Mr. Jerath replied that the earlier period has to be taken care of by the State Government. 6.
Learned counsel for the petitioner is not disputing this position. It was further pointed out on behalf of the respondent No. 7 that NCTE has come into existence on 17.8.1995, and therefore it is not concerned with the earlier period. Mr. Jerath replied that the earlier period has to be taken care of by the State Government. 6. Keeping in view the facts and the circumstances of this case, and without going into the merits, the petitioner is given liberty to make a fresh and detailed representation to the respondent No. 2 within a week from today, who is already looking into the matter as stated by learned counsel for the State. Respondent No. 2 is directed to do the needful in accordance with law as early as possible and preferably 30th November, 2003 and pass a reasoned order on the representation of the petitioner and communicate It to the petitioner within the said period so that the students who are eligible to appear in the examination in the courses which are recognized for particular years, can take part in the examination. 7. It goes without saying that if the petitioner thinks that the said order is not as per the law, it may move the appropriate forum. 8. With these observations and directions this writ petition is disposed of.