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2021 DIGILAW 1112 (JHR)

SCPRP Women Inter College, Chirkunda, Dhanbad, through its Principal Deepa Prasad v. State of Jharkhand through Director, Secondary Education, School Education and Literacy Department, Ranchi

2021-12-23

RAJESH SHANKAR

body2021
JUDGMENT : The present writ petition has been filed for issuance of direction upon the District Education Officer, Dhanbad (the respondent no. 2) to forthwith approve the registration of 109 students who have already been registered for upcoming Class-XI Examination but the same has not been approved by the respondent no. 2 as the user ID and password of the petitioner-college has been blocked by the said respondent and due to the said action of the respondent no. 2, the registration of remaining 63 students for Class-XI Examination has not yet been done. The petitioner has also prayed for issuance of direction upon the respondent no. 2 to restore its user ID and password. The petitioner has further prayed for quashing/setting aside letter no. 2340 dated 03.12.2021 (Annexure-16 to the writ petition) issued by the respondent no. 2 to the Principal of the petitioner-college whereby she has been directed not to enroll any other student of the said college. Further prayer has been made for issuance of direction upon the respondent no. 3- Jharkhand Academic Council (JAC) to enquire the aforesaid aspect and take appropriate decision in accordance with law so as to enable the petitioner to properly run and manage the college ensuring that no further interference is made by the respondent no. 2 in its affairs. 2. Heard learned counsel for the parties and perused the content of the writ petition. The petitioner had earlier moved before this Court by filing a writ petition being W.P.(C) No. 1611 of 2021 for issuance of direction upon the respondent no. 2 to restore the user ID and password of the petitioner so as to issue admit cards to all the students of the college for Class-XII examination to enable them to appear in the examination which was scheduled to commence from 4th May, 2021. In the said writ petition, it was submitted by the learned counsel for the petitioner that during pendency of the said writ petition, though the respondent no. 2 restored the ID and password of the petitioner-college and issued admit cards to all the students, yet, subsequently ID and password for the current academic year was again withheld by the said authority. In view of the said submission, the writ petition was dismissed as withdrawn vide order dated 13.12.2021 with liberty to the petitioner to file a fresh one challenging the said action of the respondent no. In view of the said submission, the writ petition was dismissed as withdrawn vide order dated 13.12.2021 with liberty to the petitioner to file a fresh one challenging the said action of the respondent no. 2. 3. On perusal of the impugned letter no. 2340 dated 03.12.2021 issued by the respondent no. 2 to the Principal of the petitioner-college, it appears that earlier vide letter no. 1226 dated 27.05.2019, the petitioner-college was restrained from taking any further admission. However, vide letter no. 953 dated 10.04.2021, the petitioner-college was directed to produce evidence with regard to availability of qualified Principal and teachers in the said college prior to taking admission of the students. As per letter dated 03.12.2021 issued by the respondent no. 2, the petitioner did not produce any evidence with regard to availability of qualified Principal and teachers in the said college despite repeated directions due to which it was ordered that if any further registration of students was made through the said college, the same would not be approved by the respondent no. 2 and if that was done, the college would be responsible for the same. The content of letter dated 03.12.2021 issued by the respondent no. 2 also suggests that certain internal dispute is also going on between the Principal of the petitioner-college and one Ramesh Mishra with regard to the management and control of the same. 4. Under the aforesaid circumstance, in considered view of this Court, it will not be appropriate to permit the petitioner to continue with registration of the students for appearing in Class-XI examination from the said college. However, keeping in view the future of the students of the said college, the respondent no. 2 as well as the respondent no. 3 are directed to make an arrangement so as to ensure that the students of the petitioner-college are enrolled through some other college to enable them to appear in forthcoming examination of Class-XI. The said arrangement shall continue till the petitioner submits sufficient documents before the respondent-JAC regarding availability of proper teaching faculty in the petitioner-college. The petitioner is also restrained from taking further admission in Class-XI till the respondent-JAC shows its satisfaction regarding availability of proper teaching faculty in the petitioner-college and finds compliance of other requirements by it. If the petitioner-college fulfills the said requirements, the respondent no. The petitioner is also restrained from taking further admission in Class-XI till the respondent-JAC shows its satisfaction regarding availability of proper teaching faculty in the petitioner-college and finds compliance of other requirements by it. If the petitioner-college fulfills the said requirements, the respondent no. 3 shall take prompt decision to restore normal functioning of the petitioner-college including resumption of the admission of the students in the same without any undue delay. 5. The writ petition is disposed of with aforesaid observation and direction. 6. I.A. No. 7372 of 2021 also stands disposed of accordingly.