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2004 DIGILAW 570 (JHR)

Shankar Kumar v. Ranchi University

2004-05-20

AMARESHWAR SAHAY

body2004
ORDER Amareshwar Sahay, J. 1. The prayer of the petitioner in this writ application is for direction to the respondents to grant admission to the petitioner in Chhotanagpur Law College as he possesses all the required degree and qualifications and that he also qualified in the entrance examination for admission in the said Law College. 2. The petitioner States that he has completed three years course of Sahitya Alankar+Setu from Hindi Vidyapeeth, Deoghar, which is equivalent to B.A. Hons Degree in Hindi. After obtaining the degree of Sahitya Alankar, he applied for admission in Chhotanagpur Law College, Ranchi, in LL.B. Part-I in May 2001 under Scheduled Caste category. He appeared in the entrance examination. When he did not find his name in the list of successful candidates in the merit list published by the Ranchi University, he made enquiry from Law College and then came to know that though he secured requisite qualifying marks for admission in the Law College but his admission was being denied due to the fact that Ranchi University does not recognize the degree of Sahitya Alankar from Hindi Vidyapeeth, Deoghar as equivalent to a graduate degree of the University. 3. It is stated that in similar circumstances, when the University refused to grant/issue LL.B. degree to a student of law, who had obtained Sahitya Alankar certificate from Hindi Vidyapeeth, Deoghar and had passed all the three parts of Law Examination, conducted by the University, this Court has held that the action of the University cant be sustained in law and then the University was directed to grant LL.B. degree. 4. Reliance has been placed on the order passed by this Court in CWJC No. 4352/2000(R) which has been annexed as Annexure-C to the counter-affidavit. From perusal of the judgment/order dated 29/3/2001 passed in CWJC No. 4352 of 2000 (R) by this Court it appears that in the said case the facts were quite different. 4. Reliance has been placed on the order passed by this Court in CWJC No. 4352/2000(R) which has been annexed as Annexure-C to the counter-affidavit. From perusal of the judgment/order dated 29/3/2001 passed in CWJC No. 4352 of 2000 (R) by this Court it appears that in the said case the facts were quite different. In the said case the petitioner was being refused the grant of LL.B. degree, inspite of the fact that he after completion of the LL.B. degree course appeared in all the three part of law examination and the University had declared him as pass in all the three examinations of three years Law degree course and after publication of the result the petitioner was denied the LL.B. degree on the ground that he possessed the Sahitya Alankar Degree from Hindi Vidyapeeth, Deoghar which was not recognised as Graduate Degree by the University pursuant to the decision of the equivalence Committee. 5. In those facts and circumstances of that case, this Court held that once the petitioner was declared to be successful in the Law examination by the University then had no authority to refuse the LL.B. degree to the petitioner. Whereas in the present case the petitioner is being denied admission in the LL.B. Part-I course on the ground that he does not possess the requisite Graduate degree from the recognized Institutions and the Sahitya Alankar certificate which he possess is not recognized by the University as equivalent to a Graduate degree. Therefore, in my view the judgment/order passed by this Court in CWJC No. 4352 of 2000(R) is of no help to the petitioner. 6. In view of the fact that the University does not recognize the degree of Sahitya Alankar from Hindi Vidyapeeth, Deoghar as equivalent to the graduate degree, which is minimum requirement for admission in a three years law course in the Ranchi University, in my view the respondents were justified in refusing the admission to the petitioner in the LL.B. Part-I in Chhotanagpur Law College, Ranchi. 7. 7. However, it appears that by interim order dated 13/9/2001, in the present writ application, the petitioner was granted provisional admission in the 1st year LL.B. degree course in Chhotanagpur Law College and he is still, pursuing the studies and, therefore, after a lapse of three years if the admission of the petitioner is cancelled then in my view it will jeopardise the future/career of the petitioner. The equity demands that the petitioner should be allowed to continue and complete his studies of the three years Law degree course in Chhotanagpur Law College. Accordingly, I direct the respondents to allow the petitioner to complete the law degree course from Chhotanagpur Law College on the basis of the fact the he was granted provisional admission by interim order of this Court in the present writ application. But it is made clear that this direction is being passed in the peculiar facts and circumstances of this case and this cannot be treated as precedent in any other case. 8. With the above observations and directions this application is dismissed.