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2012 DIGILAW 57 (PAT)

Riyasat Ali v. V. C. B. N. Mandal University

2012-01-12

SHIVAJI PANDEY

body2012
JUDGMENT Shivaji Pandey,J. In this case the petitioners have challenged the notice issued by the Registrar, Bhupendra Narain Mandal University, Madhepura (respondent no.2) under the order of the Vice Chancellor, B. N. Mandal University, Madhepura, published in daily newspaper “Hindustan” on 22.5.2000 to the extent by which the result of all the successful students of Muslim Minority Ahmadia B.Ed. College, Rampara, Katihar with respect to the examination conducted by the University during the period 1993-1997 has been cancelled. 2. The primary question in this case is with regard to revocation and cancellation of B.Ed. degree granted to the petitioners in consequence of cancellation of recognition and affiliation of the institution with retrospective effect which was granted by the State Government as well as by the University. 3. The claim of the petitioners is that the petitioners being the students of those Colleges were admitted in the College and they have completed their sessions and accordingly they appeared in the examination during the period the College had proper recognition and affiliation. The result was published by the University. 4. The facts of this case are that the petitioners were students of Muslim Minority Ahmadia B.Ed. College, Rampara, Katihar and have appeared in the combined B.Ed. examination in 1996 conducted by the B.N. Mandal University, Madhepura and they were declared successful in the examination. The institution is a minority institution having a protection under Articles 29 and 30 of the Constitution of India, was established in the year 1997 in the district of Katihar in the name and style of Muslim Minority Ahmadia B.Ed. College, Rampara, Katihar. The said College was established by the muslim community and accordingly office bearers of the College applied for recognition by the State Government and subsequently for affiliation by the University they have deposited the requisite fees. The petitioners have taken admission in one year B.Ed. Degree Course and completed their courses by attending their regular classes. The petitioners are residents of Rajasthan and they have come there to do their studies for B.Ed. The aforesaid College was granted provisional recognition by the Education Department, Government of Bihar vide its memo no. 216 dated 16.9.1996 and thereafter the University also granted provisional affiliation vide letter dated 14.1.1997. Thereafter the College was granted permanent recognition as well as affiliation by the State Government as well as by the University vide its letter no. The aforesaid College was granted provisional recognition by the Education Department, Government of Bihar vide its memo no. 216 dated 16.9.1996 and thereafter the University also granted provisional affiliation vide letter dated 14.1.1997. Thereafter the College was granted permanent recognition as well as affiliation by the State Government as well as by the University vide its letter no. 139 dated 12.6.1997 and letter no. 5458 dated 16.7.1997 respectively. 5. Learned counsel for the petitioners has submitted that there can not be a cancellation or recognition of the College with retrospective effect which affected the future of these petitioners. The revocation or recognition can not be made for the past session when the College in question was duly recognized by the State Government and duly affiliated by the University. 6. It has been further submitted that the petitioners have taken admission in the said College and entire education system was supervised by the University. On completion of their studies the petitioners appeared in the examination conducted by the University. Accordingly the results were published. 7. On the basis of the said degree, the petitioners were appointed in Rajasthan Government, Department of Panchayati Raj to the post of the teachers by the different Zila Parishad and accordingly they joined their respective schools. While they were working on the posts in the State of Rajasthan a notice was issued in daily newspaper „Hindustan? (Annexure-1) by which it has been declared that the recognition of the Muslim Minority Ahmadia B.Ed. College Rampara, Katihar has been cancelled with retrospective effect as they have obtained recognition and affiliation by playing fraud with the State Government as well as the University which has ultimately affected the petitioners as their degrees were also cancelled. 8. With regard to the same institution different persons have challenged the said notification before this Court and a Division Bench of this Court in the case of Satish Kumar & Others Vs. The V.C. Bhupendra Nr. Mandal University & Ors., reported in 2007(2) P.L.J.R. 682 has passed the order in favour of the persons who had completed their studies from the said College and obtained the degree during the period the College was duly recognized and affiliated by the State Government as well as the University. It appears from the judgment that criminal cases were launched against the promoter. It appears from the judgment that criminal cases were launched against the promoter. The Court has found as a matter of fact that the Eastern Regional Committee allowed the College to continue as before by letter dated 20.5.1998 and the College was also shown in the list of Colleges recognized allowed to continue as contained in the public notice issued by the Committee on 10.8.1998. Neither the letter dated 20.5.1998 nor inclusion of College in the list of College in the public notice dated 10.8.1998 is alleged to be fake, false and fraudulent and the Court has held as follows: “ …….It, therefore, cannot be said that the College was running fraudulently or on the basis of some fake letter from the Regional Committee of Teacher Education.” 9. On a consideration of the material facts and circumstances and the submissions advanced on behalf of the parties, the Court has held that case of Muslim Minority Ahmadia B.Ed. College, Rampura, Katihar is different from the other three Colleges of the batch of appeals and accordingly the degrees granted to the students of the College for the past sessions was restored and the Government order and the University notification bearing no. G.S. (A-700)-VCO-615/2000, dated 19.5.2000 was accordingly quashed only in so far as the appellants in those cases. It was further held that the judgment rendered in that case shall have no effect on the vigilance case. 10. In view of the aforesaid judgment of the Division Bench this Court has also no alternative but to declare the cancellation of the degrees granted to the petitioners is bad and the same is restored. 11. At this stage learned counsel for the University has brought to my notice that against the aforesaid judgment of the Division Bench the University has gone to the Hon?ble Supreme Court in Special Leave to Appeal vide S.L.P. No.7233 of 2007 and the same is pending. He has also stated that in a similar matter arising from the same College this Court in different cases have passed the order in favour of the students but has restricted that it will be subject to the result of the S.L.P. In this connection it will be relevant to take note of the order passed by a Division Bench in L.P.A. No.174 of 2007. 12. 12. With the aforesaid directions and observations this writ petition is also allowed and the degrees granted to the petitioners are restored but it will be subject to the result of Special Leave to Appeal as mentioned hereinabove.