Shanti Gopal Karan v. Kolhan University through its Vice Chancellor, Chaibasa, West Singhbhum
2016-02-12
APARESH KUMAR SINGH
body2016
DigiLaw.ai
ORDER : 1. Heard learned counsel for the parties. 2. These petitioners came before this Court in 2012 seeking permission to appear in the examination of B.Ed course for Sessions 2011-2012, which was scheduled to be held from 3.10.2012 under the respondent-Kolhan University. These petitioners claimed to have been admitted in the said course in the Baharagora College, Baharagora after due scrutiny of their application forms and deposit of requisite fee. They also claimed to have attended classes with sincerity. Petitioners asserted that requisite fees for their appearance in the B.Ed final examination, 2012 for the same session was also received. Having waited for issuance of admit card, petitioners suddenly came to know 28.9.2012 that respondents have issued admit card in respect of 85 candidates including 3 ex-candidates, however denied issuance of admit card to 14 candidates which includes petitioners. This has led them to approach this Court, thereafter. Petitioner however did not get any interim relief to appear in the said examination by this Court. 3. Proceedings of the instant matter as reflected in the orders passed on one or the other date show that inquiry was held in the matter of admission of number of students in the said college, which also included petitioners. On perusal of the order dated 15.7.2013, it appears that some inquiry had been conducted by the University. The Vice Chancellor of the University was directed to submit detailed inquiry report as it transpired from the order dated 6.8.2013 that University was asked to observe the Principles of Natural Justice by issuing individual notices to the students affected out of such exercise. 4. As it appears, admission of certain students taking the benefits of sports/NSS category was also subject matter of inquiry. The respondent conducted a detailed inquiry again and have brought the inquiry report through second supplementary affidavit filed by the respondent no. 1, 2 and 3 dated 21.10.2013, which is enclosed as Annexure-D. 5. From perusal of the report and upon hearing learned counsel for the parties including the University, it appears that the inquiry was held after giving due notice to the individual students, 16 in number out of whom 14 appeared, which include present petitioners. The report has found irregularity in admission to the said B.Ed. course 2011-2012 in the said college.
From perusal of the report and upon hearing learned counsel for the parties including the University, it appears that the inquiry was held after giving due notice to the individual students, 16 in number out of whom 14 appeared, which include present petitioners. The report has found irregularity in admission to the said B.Ed. course 2011-2012 in the said college. The inquiry reveals that admission under sports/NSS category was not based upon production of requisite certificates of participating in State level or National level sports. Scrutiny of application forms of 16 candidates revealed several lacunae. The third merit list was never found prepared. On the question of submission of examination form also, the report has found that there are conflicting stands, which reveal that submission of forms were done contrary to the rules and perhaps in exercise of coercion. Taking into account all these facts, the Committee recommended cancellation of admission of the 16 students. It fixed responsibility for wrong enrollment on the then Principal of the college, Mr. K.N. Upadhayay. 6. Learned counsel for the respondent-University submits that the original relief of the petitioners for appearing in the Final examination of B.Ed course 2011-2012 as students admitted in a regular manner in the college, therefore has been found to be incorrect on proper inquiry after due notice. Petitioners therefore cannot claim any relief in such matters. 7. Learned counsel for the petitioner submits that sympathetic consideration may be accorded to the cases of the petitioners who have undisputedly attended the college. This averment of the petitioners however is disputed by learned counsel for the University by referring to para 30 and 31 of the counter affidavit filed by the respondent no.4 stating that only 44 classes were attended by the petitioners i.e. 06.98 % against the minimum requirement of 75% attendance. 8. Having considered all aspects of the matter, it appears that after due compliance of the Principles of Natural Justice giving opportunity to the individual students, i.e. petitioners, respondents have come to a definite conclusion about irregularity in the admission process of these petitioners in B.Ed. Course for 2011-12 session. In such circumstance, no relief can be granted in this matter. 9. It appears from the order dated 3.12.2015 that respondents were asked to return the original certificates of the individual petitioners.
Course for 2011-12 session. In such circumstance, no relief can be granted in this matter. 9. It appears from the order dated 3.12.2015 that respondents were asked to return the original certificates of the individual petitioners. Learned counsel for the University submits that only 2 of the petitioners have turned up who have been given their certificates. Respondents do not have any objections in returning the certificates to any other petitioners, who may appear before the competent authority/Principal of the college. 10. In view of the discussion made and the reasons recorded herein above, the writ petitions are dismissed. Pending I.As. are closed. Petitions dismissed.