Calcutta High Court (Appellete Side)
Prof. Tapas Chakraborty vs Eiilm University & Ors on 28 February, 2014
Author: Ashoke Kumar Dasadhikari
Bench: Ashoke Kumar Dasadhikari
1
28th February,
2014
(SKB)
W.P. 5675 (W) of 2014
Prof. Tapas Chakraborty
Versus
EIILM University & Ors.
Mr. Saptanshu Basu, Sr. Adv.,
Mr. Debajyoti Datta,
Ms. Vijaya Bhatia,
Mr. Ganesh Prasad Shaw
....for the petitioner.
Mr. Subhransu Ganguly,
Mr. Nirmalya Dasgupta
...for respondent no.1.
Learned Counsel for the writ petitioner submits that the students who got admission in the Eastern Institute of Integrated Learning in Management University, namely ELLM University, upon payment of due fees and charges for the course completed some semesters. Thereafter, students appeared in the examination but the University unfairly and illegally withholding the certificates of 397 students who appeared at the M.B.A. course and refused to correct mark-sheets of about 8 students whose mark-sheets were containing mistakes.
The Registrar of the said University whose office is at 6, Waterloo Street, Kolkata-700069, has accepted all moneys from the students. Learned Counsel submits that there is some in- fight going between the said University and Malvika Foundation. Some interim orders were passed and 'three members committee' was appointed by this Hon'ble Court.
Learned Counsel further submits that the students who have no role to play in this fight should not suffer. They are entitled to get their certificates from the said University. It was also submitted that if there is any unpaid dues, the students are agreeable to pay the same.
Learned Counsel appearing for the University submits that all the respondents are of outside this State and no cause of action has arisen inside this State. Therefore, this writ 2 petition is not maintainable at the instance of the Controller of Examination of the EIILM Institute. He further submits that a suit was filed by Malvika Foundation against the University with allegations of misappropriation of funds, etc. In that proceedings three administrators were appointed and the University, according to him, has no existence at the moment. Therefore, this Hon'ble Court should not pass any order directing the said University to issue certificates. He further submits that one of the "three members committee" was involved in a criminal case. There is again some dispute between the formation of the committee. According to him, the writ petition should be dismissed.
I have heard the Counsel appearing for the parties and considered the submissions made by them.
It is evident that the said University was having its office at 6, Waterloo Street, Kolkata-700069, and the students got admission through this Branch. The University received money from the students through their aforementioned office situated in Kolkata. The university authorities have issued results and mark-sheets to the students through this office.
In my view, part cause of action has arisen in this State, therefore, this Court has jurisdiction to entertain this writ petition.
It is evident from the averments made in the writ petition that the students have completed their courses through this branch and they also appeared in final examination of MBA through this branch. It is unbelievable that the students did not pay their fees for the examination and the university authorities allowed them to appear in the examination.
In my view, the students should not suffer for in-fight between two groups namely one is the university and the other is Malvika Foundation.
Accordingly, the university authorities are directed to issue mark-sheets and degree certificates in favour of 397 students for their 3rd and 4th semester examination of MBA and mark-sheet of eight students should be corrected and supplied 3 to them within two weeks from date. The university authorities are entitled to claim any unpaid amount of money which is required to be paid by the students and the students would be obliged to pay the same.
Matter to appear under the same heading two weeks hence and on that day university authorities would show if there is unpaid dues against the students.
(Ashoke Kumar Dasadhikari, J.)