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2004 DIGILAW 484 (JHR)

Abdul Wadood And Bhagwan Singh v. State Of Jharkhand

2004-05-05

M.Y.EQBAL

body2004
ORDER M.Y. Eqbal, J. 1. In these two writ applications since common question of law and facts are involved, the same are being, heard and disposed of by this common order. 2. Petitioners are challenging the notification as contained in Memo No. 1533 dated, 24.11.2003 issued under the signature of Secretary to the Government, Science and Technology Department, Government of Jharkhand whereby admission of the petitioners made in the Government Polytechnic, Ranchi and Dhanbad for part time Diploma Engineering Course for the Session 2001-2004 and 2002-2005 has been cancelled. 3. Petitioners case is that Department of Science and Technology Government of Jharkhand constituted a committee in the year 1996/2002 for taking admission in 4 years Part Time Diploma Course in the Govt. Polytechnic, Ranchi and Dhanbad. An advertisement was made in the year 2002 inviting applications for admission in 4 years Part Time Course for the Session 2001-04 and 2002-05. Pursuant to that advertisement, petitioners appeared in the written test and after holding interview they were selected for admission in Part Time Diploma Course in Civil Engineering for the Session 2001-04 and 2002-05. It is con- tended that classes for 4 years Part Time Diploma Engineering Course for the Section 2001-04 started on 2.1.2003 and the petitioners alongwith other attended their classes. However, all of a sudden, the Secretary to the Government, Science and Technology. Govt. of Jharkhand issued impugned notification cancelling all the admission made in the Government Polytechnic. 4. Mrs. Ritu Kumar, learned counsel appearing for the petitioners assailed the impugned notification as being illegal and wholly without jurisdiction. Learned counsel firstly submitted that by letter dated 17.6.1994 issued under the signature of Special Secretary to the Govt. Department of Science and Technology, constituted a committee for taking admission in 4 years Part Time Diploma Course in the Government Polytechnic. Thereafter, proper advertisement was made inviting .applications for admission in the said course. It was only after written test was held and interview was conducted a selection list was prepared and admissions were taken. Learned counsel submitted that Government Polytechnic, Ranchi and Dhanbad are Government Institutions duly approved by All India Council of Technical Education and all the rules and norms were followed before taking admission in the part time Diploma Course. Learned counsel submitted that no illegality or irregularity has been committed while taking admission in Part Time Diploma Course. 5. Learned counsel submitted that Government Polytechnic, Ranchi and Dhanbad are Government Institutions duly approved by All India Council of Technical Education and all the rules and norms were followed before taking admission in the part time Diploma Course. Learned counsel submitted that no illegality or irregularity has been committed while taking admission in Part Time Diploma Course. 5. Learned Advocate General appearing on behalf of the respondents on the other hand submitted that All India Council for Technical Education which is supreme authority has very clearly put a condition in their letter dated 5.5.1994 that admission should be made on the basis of joint entrance examination for admission in part time Diploma Course for all the Polytechnic. In 2002 also vide letter dated 5.3.2002 All India Council for Technical Education (AICTE) while granting extension of approval to Government Polytechnic, Ranchi very specifically stated that admission shall be made through Central counseling by the Government of Jharkhand only. Learned counsel submitted that in total violation of norms, guidelines and direction of the All India Council for Technical Education admissions have been taken without holding combined competitive examination and some bungling have been done in all these admissions. I-earned counsel submitted that as per the guidelines of the All India Council for Technical Education a committee was constituted not for the purpose of taking admission but for the other purposes. 6. Education, it is clear that proposal of the Govt. of Bihar for introduction of Part Time Diploma Course in Government Polytechnic was approved on the condition that admission should be made on the basis of a separate Joint Entrance Examination. In the year 2002 also the All Indian Council for Technical Education while according approval of extension categorically put a condition that admission shall be made through central counseling by the Government of Jharkhand only. It further appears from Annexure-D/1 Which is a lalter dated 27.6.1994 issued by Govt. of Bihar, Science and Technology Deparment, Patna that decision was taken to constitute a committee for the purpose of managing the programme and not for holding examination for the purpose of taking admission. 7. Admittedly, the condition put by All India Council for Technical Education has not been followed inasmuch as neither combined competitive examination was held nor central counseling was conducted. 7. Admittedly, the condition put by All India Council for Technical Education has not been followed inasmuch as neither combined competitive examination was held nor central counseling was conducted. As a matter of fact, the Principal of the Institution in connivance with some interested persons and by miss- interpreting the letters and guidelines issued by All India Council for Technical Education held examination of their own and taken admission in the Part Time Diploma Course. Such action of the concerned respondent is illegal, arbitrary and highly depreeable. The Secretary, Science and Technology Department, Government of Jharkhand therefore rightly cancelled those admissions made in the Govt. Polytechnic in violation of the mandatory condition put by the All India Council for Technical Education. 8. With the aforesaid reasons, no relief can be granted to the petitioners. Both the writ petitions are, accordingly, dismissed.