Jharkhand High Court
Pandit Binoda Nand Jha Memoria vs Jharkhand Academic Council & O on 30 March, 2011
Author: R.K.Merathia
Bench: R.K.Merathia
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.C. No. 1278 of 2011
Pandit Binoda Nand Jha Memorial Inter College........ Petitioner
Versus
State of Jharkhand & Ors.. ............. Respondents.
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Coram: Hon'ble Mr. Justice R.K.Merathia
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For the Petitioner : Dr. S.N.Pathak, Senior Advocate
Mr. Prashant Pallav, Advocate
For the Respondents : Mr. M.S.Anwar, Sr. Advocate
Mrs. Ruby Parween, Advocate
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2/30.03.2011Heard the parties finally.
2. Mr. Pathak, learned senior counsel appearing for the petitioner submitted that the petitioner college deposited registration forms of 429 students in Arts course and 502 students in Science course alongwith requisite fees but Jharkhand Academic Council (JAC) has registered only 384 students of each courses; and that in 200810 also surplus students were allowed registration; and that the alleged surplus students had appeared in Class 11th examination and, therefore, they are eligible to appear in 12th class examination.
3. In reply, Mr. Anwar, learned senior counsel appearing for JAC referring to the requisition made by the petitioner (Annexurec/1) submitted that the petitioner furnished requisition for only 384 students in Arts, 384 students in Science and 123 students in Commerce and, accordingly, the requisiioned sets of question papers and answer sheets were supplied and, therefore, there was no reason to accept the registration of the students beyond the requisitioned numbers of students. He further submitted that how it can be said that the students beyond the requisitioned number took part in Class11th examination. He also submitted that even if surplus students were allowed registration in past, such illegality cannot be allowed to be perpetuated by this Court. He lastly submitted that the petitioner, claiming itself to be an educational institute, is indulging in back door and illegal methods and is playing with the carrear of the students for its wrongful gain and then taking the plea of sympathy on the students, is asking this court to allow it to continue with the illegality.
4. It appears from the requisitionAnnexure c/1 that the petitioner itself made requisition on 27/03/2010 only for 384 students in each Arts and Science courses and 123 students in Commerce course. Accordingly, question papers and answer sheets were supplied. JAC was justified in not accepting registration beyond such requisitioned numbers of students. On the purported plea of sympathy on the surplus students, the petitioner cannot be allowed to perpetuate illegality. It is unfortunate that the petitioner, claiming itself to be an educational institute, is indulging in such illegal activity.
5. In similar circumstances, a writ petition being WPC No. 3614 of 2010 was dismissed with cost on 06/08/2010. It is necessary to check such menace. JAC is directed to get an enquiry done, in such cases and initiate suitable proceedings against the wrong doers. All concerned are directed to cooperate in the enquiry.
6. In the result, this writ petition is dismissed with cost to the extent that the registration fee etc, deposited for the surplus students, shall stand forfeited by JAC.
Let a copy of this order be given to the learned counsel appearing for JAC.
(R.K.Merathia, J) Mukund/