Loyala College of Education v. State of Jharkhand through its Principal Secretary, Science, Technology and Higher Education
2016-06-22
APARESH KUMAR SINGH
body2016
DigiLaw.ai
ORDER : Heard learned counsel for the parties. 2. The matter relates to affiliation of the petitioner College for B.Ed. course of academic session 2014-15. Petitioner College was established in the year 1976 and granted affiliation by the Ranchi University on 5.4.1976. It was granted recognition by the National Council for Teacher Education(N.C.T.E) on 11.2.1997. Petitioner College submitted its application for grant of affiliation for the academic session 2014-15 to the respondent-Kolhan University on 1.10.2013 (Annexure-10/1) much before the specified date 10.3.2014 as per the schedule prescribed by the Hon'ble Supreme Court in the case of Maa Vaishno Devi Mahila Mahavidyalaya Versus State of Uttar Pradesh & others reported in 2013(2) SCC 617 . Petitioner College was inspected on 15.2.2014. 3. From the stand of the respondent-University it is clear that proposal for approval of affiliation in respect of the petitioner college was forwarded on 26.6.2014 to the State Government as there was no regular Vice Chancellor of the University and necessary decision on the application seeking grant of affiliation to the petitioner College could not be taken. The University considered the application for grant of affiliation of 5 colleges including the petitioner on the basis of the directions passed by the Hon'ble Supreme Court in the case of Netaji Subhash Institute of Education Vrs. Kolhan University & others in W.P.C No. 488 of 2014 dated 23.6.2014 and also directions passed in other such colleges like Swami Vivakanand College of Education Vrs. Kolhan University & others in W.P.C. No. 524 of 2014, Institute of Education Vrs. Kolhan University & others in W.P.C. No. 525 of 2014, Karim City College, Jamshedpur Vrs. Kolhan University & others in W.P.C. No. 472 of 2014, Jamini Kant B.Ed. College, Shaboni, Ghatsila Vrs. Kolhan University & others in W.P.C. No. 473 of 2014 vide judgment dated 24.6.2014. It is the case of the University that affiliation Committee in its emergent meeting held on 25.6.2014 made recommendation for grant of temporary affiliation in respect of not only the aforesaid 5 institutions but also the petitioner college and one Ashu Kisku and Ravi Kisku Teachers Training Institute. The emergent meeting of the Syndicate of University held on 25.6.2014 approved the recommendation of the Affiliation Committee. 4.
The emergent meeting of the Syndicate of University held on 25.6.2014 approved the recommendation of the Affiliation Committee. 4. On the aforesaid stand of the University, following order was passed on 4.9.2015 by a Coordinate Bench of this Court:- “Considering the aforesaid fact, I am of the opinion that the proposal seeking approval of the State Government forwarded by the University on 25.6.2014 which was received by the State Authority on 26.6.2014 requires to be decided. In the light of direction issued by the Hon'ble Supreme Court in the “Netaji Subhash Institute of Education Vrs. Kolhan University & ors.” and other cases whereby, time for forwarding the proposal to the State Government was extended by 3 days, the respondent no.2 was required to grant approval for affiliation, if the college fulfills all necessary norms and standards. At this stage, the learned counsel for the petitioner tenders a copy of the decision of the Hon'ble Supreme Court in the case of “Binod Bihari Mahato Memorial Teachers Training College Vrs. Vinoba Bhave University and Ors” (Civil Appeal No. 5857 of 2014). Accordingly, the respondent no.2 shall take a decision on the proposal forwarded by the respondent-university within two weeks keeping in mind the role of the State authorities “ at the second stage” i.e. at the stage when the proposal for grant of affiliation is forwarded to the State Government. If necessary, clarification shall be sought from the University and/or the college”. The respondent Department thereafter filed an affidavit on 6.11.2015 enclosing the minutes of the meeting held on 21.9.2015 in the matter of consideration of the application for affiliation of the petitioner college and another college. It however expressed it inability to grant affiliation to the petitioner college in the light of the recommendation of the Affiliation Committee of the University in view of the deadlines stipulated by the Hon'ble Supreme Court in Maa Vaishno Devi Case (supra) and the observation also made in Civil Appeal No. 5857 of 2015. 5. Petitioner College was permitted to submit examination form vide order dated 11.9.2015.
5. Petitioner College was permitted to submit examination form vide order dated 11.9.2015. On 26.11.2015, considering the fact that proposal of the petitioner College was kept pending for about 14 months after being sent to the Department of Higher Education and the order passed by the Hon'ble Supreme Court in W.P.C. No. 488 of 2014, a direction was issued upon the respondent Kolhan University by the Coordinate Bench of this Court to permit the students to appear in the examination. In the meantime, petitioner was directed to furnish relevant documents before the Director, Higher and Technical Education, Government of Jharkhand so as to verify how many students are admitted in the academic session 2014-15. 6. It is not out of place to mention here that petitioner had also approached the Hon'ble Supreme Court in W.P.C No. 265 of 2015 (Annexure-22). Learned counsel for the petitioner submits that in the said writ petition petitioner had made prayer for grant of affiliation to the petitioner college for the same academic session 2014-15 in view of the fact that it has made its application well within time on 1.10.2013. By the order dated 13.5.2015 the writ petition was dismissed as withdrawn and the prayer to move Jharkhand High Court for appropriate relief was allowed. The said order is quoted herein below:- “After some arguments, learned counsel appearing for the petitioner seeks permission to withdraw this writ application in order to move the Jharkhand High Court for appropriate relief. The prayer is allowed. The writ petition is accordingly, dismissed as withdrawn”. The present writ petition has been filed thereafter before this Court. Pursuant to the order passed in this writ petition earlier on 26.11.2015, the respondent Department undertook the exercise to verify the relevant fact relating to admission of the students for the academic session 2014-15. 7. Respondents have filed supplementary counter affidavit on 15.3.2016 stating that petitioner College had not furnished the relevant documents required for verification of the admission taken in the B.Ed. course for the session 2014-15 enclosing a report, Annexure-E. 8. Petitioner College thereafter filed an affidavit on 9.5.2016 enclosing various documents, which according to them related to manner and procedure for taking admission in B.Ed. course for the session 2014-15.
course for the session 2014-15 enclosing a report, Annexure-E. 8. Petitioner College thereafter filed an affidavit on 9.5.2016 enclosing various documents, which according to them related to manner and procedure for taking admission in B.Ed. course for the session 2014-15. On the request of learned counsel for the respondent State vide order dated 17.5.2016 the matter was adjourned enabling them to undertake the exercise of verification of the documents submitted by the petitioner. On the prayer made by learned counsel for the petitioner, representative of the college was also permitted to be present on 26.5.2016 before the Director, Higher and Technical Education. The Principal of the college submitted computerized list of the 100 students admitted and merit list of 215 students. Thereafter, the respondents have again undertook the exercise for verification of the documents on 26.5.2016. Thereafter the respondents have filed a supplementary counter affidavit on 17.6.2016 enclosing the verification report. Students had in the meantime appeared in the examination held in December, 2012 and practical examination in January, 2016. 9. As per the verification report, register of admitted students as well as answer sheet of the entrance examination were not made available to the Department as it was informed by the Principal that they have been destroyed due to confidentiality. On perusal of the computerized list of admitted 100 students for the academic session 2014-15 and the merit list, it was found that out of 215 students, 95 students were admitted from the merit list where as 5 students were taken outside the merit list since it was informed by the Principal that 5 seats were lying vacant. However document showed that total 100 students were admitted for the academic session 2014-15. 10. Learned counsel for the petitioner submits that the chronology of facts and events does leave no room of doubt that it was only on account of delay on the part of the respondent-University and thereafter by the State Government that decision on the question of affiliation for the B.Ed. course for the session 2014-15 could not be taken within time prescribed.
course for the session 2014-15 could not be taken within time prescribed. It is also pointed out that University has rightly accorded parity in treatment to the petitioner college and one other college with other 5 such institutions in the matter of consideration and recommendation for affiliation beyond the prescribed deadline as all these colleges stood on the same footing as delay in sending the recommendation to the Respondent-Department of Higher Education was attributable to the University due to absence of regular Vice Chancellor. Petitioner and other colleges had made their application for affiliation within prescribed time limit. The Apex Court in the case of Netaji Subhash Institute of Education(supra) and 4 other such B.Ed. Colleges had for the same reasons extended 3 days time for sending the recommendation to the State Government, pursuant to the inspection carried out by the University as it was observed that University concerned did not take timely action. It also had observed in the order dated 23.6.2014 passed in the aforesaid case that the Inspection Committee in fact met on 10.5.2014 and after deliberation cleared several institutes for the purpose of grant of affiliation to that University. It was also observed that even though the respondent University found in post inspection carried out by it that the petitioner was entitled to affiliation, decided not to take a decision in the event that it may be found contrary to the orders passed by the Apex Court. 11. It is further submitted that there was no reason for the respondent State Government to differentiate in the case of the petitioner vis-a-vis other Colleges when the ground of delay were not attributable to the petitioner and were on the part of the University. It is also pointed out that learned Division Bench of this Court in L.P.A. No. 272 of 2015 in the case of Manisha Ghoshal & another Vrs. State of Jharkhand & others vide order dated 15.9.2015 had been pleased to direct the respondent-State to consider the case of one Radha Govind Teacher's Training College, Ramgarh for academic session 2014-15 in terms of the order passed by the Hon'ble Supreme Court in Civil Appeal No. 5857 of 2015 in the case of Binod Bihar Mahato Memorial Teachers Training College Vrs.
Vinobha Bhave University & others after the parties had agreed to the said L.P.A being disposed of in the light of Hon'ble Supreme Court order dated 27.7.2015 passed in the said Civil Appeal. It is submitted that therefore, the respondents should also consider the petitioner's application in the light of the said order and accord parity, moreover when students of the college have undertaken examination. The result of the examination have also been published in February, 2016 except the result of the students of the petitioner College for the same academic session 2014-15 of the B.Ed. course. 12. Learned counsel for the respondent-State submits that decision relating to affiliation are taken in terms of the order passed by the Apex Court in the case of Maa Vaishno Devi Mahila Mahavidyalaya (supra) and directions passed in other cases by this Court from time to time, as have been referred to herein above such as L.P.A. No. 272 of 2015. Learned A.A.G. on behalf of the respondent Department however does not dispute that after the decision of the Committee dated 18.9.2015, the exercise of verification of the petitioner college in relation to students of the same academic session 2014-15 have been undertaken twice as is evident from the supplementary counter affidavit filed on 15.3.2016 and 17.6.2016. The contents of the affidavit have also been referred in the foregoing paragraphs. 13. I have considered the rival stand of the parties in the light of the submission made and the material facts pleaded. From the chronology of facts and events referred to herein above, it is evident that the delay in sending the recommendation to the respondent-Department of Higher Education was on the part of the University and not attributable to the petitioner as it had made application for grant of affiliation for 2014-15 sessions of B.Ed. course on 1.10.2013 (Annexure-10/1), much before the specified dated 10.3.2014. Petitioner college was inspected on 15.2.2014. The University has also clearly indicated in its affidavit that proposal for approval of affiliation in respect of the petitioner college and another college were considered along with 5 other such institutes in view of the directions passed in their cases by the Hon'ble Supreme Court as the delay in making recommendation was on account of the absence of regular Vice Chancellor of the University and intervening General Election in March, 2014.
The University therefore accorded parity in treatment to all these colleges. The Hon'ble Supreme Court in the directions passed in the case of Netaji Subhash Institute of Education (supra) and other 4 B.Ed. colleges has also took into account the fact that the University concerned did not take timely action. Though pursuant to the inspection carried out in respect of those colleges also University had found that petitioner therein were entitled to affiliation but the University decided not to take decision in the event that it may be found contrary to the order passed by this Court. It further appears that the Hon'ble Supreme Court in the case of Binod Bihar Mahato Memorial Teachers Training College (supra) in Civil Appeal no. 5857 of 2014 taking note that there was no fault which can be attributable to the appellant college for the delay caused as it had taken all steps well in time directed the University to extend affiliation to appellant college for the session 2014-15 however without making it as a precedent. The learned Division Bench of this Court vide judgment dated 15.9.2015 in L.P.A. No. 272 of 2016 in the case of Manisha Ghoshal & another (supra) has also disposed of the appeal in terms of the order passed by the Apex Court in Civil Appeal No. 5857 of 2015 as learned counsels for both the sides agreed there to. The respondent no.2, Director, Higher Education, H.R.D Department was earlier directed to take a decision on the proposal forwarded by the respondent University within stipulated time, if necessary after seeking clarification of the University and/or of the college. The respondent Department in its counter affidavit dated 6.11.2015 referred to the time line prescribed in Maa Vaishno Devi Case (supra). However, thereafter respondent Department has undertaken the exercise for verification of the documents submitted by the petitioner college as is evident from the supplementary counter affidavit filed thereafter. It is pertinent to mention here that the present petitioner had also moved the Apex Court in respect of grant of affiliation for the same academic session 2014-15 before the Apex Court in W.P.(C) No. 265 of 2015, which however was dismissed as withdrawn with permission to move this Court for appropriate relief vide order dated 13.5.2015 (Annexure-22). 14.
It is pertinent to mention here that the present petitioner had also moved the Apex Court in respect of grant of affiliation for the same academic session 2014-15 before the Apex Court in W.P.(C) No. 265 of 2015, which however was dismissed as withdrawn with permission to move this Court for appropriate relief vide order dated 13.5.2015 (Annexure-22). 14. In the aforesaid state of facts, it would be proper if the respondent Department accords reconsideration to the matter of affiliation of the petitioner college for the academic session 2014-15 in accordance with law taking into account all the relevant material facts including verification report and the recommendation of the University within a reasonable time, preferably 4 weeks from the date of receipt of the copy of this order. Needless to say that consequent to such decision, respondent University would act thereafter in accordance with law. 15. The writ petition is disposed of accordingly.