Patna High Court
Ravi Kumar Singh & Anr vs The Chancellor Of Universities Of Bihar ... on 31 October, 2018
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12839 of 2018
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1. Ravi Kumar Singh, Son of Shivcharan Prasad Singh, Resident of
Satal Istamrar, P.O. & P.S.- Bahadurganj, District- Kishanganj.
2. Md. Aasif Alam, Son of Md. Samiruddin, Resident of Satal
Istamrar, Ward No.17, P.O. & P.S.- Bahadurganj, District-
Kishanganj.
... ... Petitioner/s
Versus
1. The Chancellor of Universities of Bihar, Raj Bhawan, Patna.
2. The Government of Bihar, through the Principal Secretary, Department of
H.R.D., Secretariat, Patna.
3. The Additional Secretary to the Hon'ble Chancellor of Universities of Bihar,
Raj Bhawan, Patna.
4. The Director, Department of Higher Education, Patna, Bihar.
5. The Government of Bihar, through the Principal Secretary, Department of
H.R.D., Secretariat, Patna.
6. The Purnea University, Purnea, through its Registrar.
7. The Vice Chancellor, Purnea University, Purnea.
8. The Examination Controller, Purnea University, Purnea.
9. The B.N. Mandal University, Madhepura, through its Registrar.
10. The Vice Chancellor, B.N. Mandal University, Madhepura.
11. The Examination Controller, B.N. Mandal University, Madhepura.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 8956 of 2018
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1. Rahmani B. Ed. College, Munger, through its Secretary Zafar
Abdur Kant Rahmani, Rahmani, Foundation, Munger.
2. M.G. B.Ed. College, Lakhisarai, through its Secretary, Anita
Devi Ashok Dhar Chowk Lakhisarai.
3. Janvi B.Ed. College, Gandhi Katona, Jamui through its
Secretary, Anil Kumar Singh, Gadi Kotina, Jamui.
4. B.Ed. Teacher's Training College, Khagaria through its
Secretary, Shampat Kumar Rai.
5. Sai Teacher's Training College, Onama Sheikhpura through its
Chairman Anjesh Kumar, Onama, Sheikhpura (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar, through its Principal Secretary, Education Department,
Bihar, Patna.
2. The Chancellor, University of Bihar, Raj Bhawan, Patna.
3. The Tilka Manjhi University Bhagalpur through the Vice Chancellor,
Bhagalpur.
4. The Vice Chancellor Tilka Manjhi Bhagalpur University, Bhagalpur.
5. The Registsrar, Tilka Manjhi Bhagalpur University, Bhagalpur.
6. The Munger University through its Vice-Chancellor, Munger
Patna High Court CWJC No.12839 of 2018 dt.31-10-2018
2/27
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 12839 of 2018)
For the Petitioner/s : Mr. Sunil Kumar Singh
For the Chancellor Mr. R.K.Giri
For BNMU Mr. P.N.Shahi
Mr. Ritesh Kumar
For Purnia University Mr. Rakesh Kumar Samrendra
Mr. Rashid Izhar
For the State : Mr. Ashutosh Ranjan Pandey- AAG-15
Mr. Vinay Kumar Mishra
(In Civil Writ Jurisdiction Case No. 8956 of 2018)
For the Petitioner/s : Mr. Bijay Kumar Pandey
For the State : Mr. Madanjeet Kumar- GP-20
For Tilka Manjhi University Mr. Ashhar Mustafa
For Munger University Mrs. Nivedita Nirvikar
For the Chancellor Mr. R.K.Giri
======================================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL JUDGMENT
Date : 31-10-2018
With two separate amendments in Section 3 of the Bihar
State Universities Act, 1976 (hereinafter referred to as 'the
Act'), three new Universities have been created in the State of
Bihar, namely, Patliputra University at Patna, Purnia University
at Purnia and Munger University at Munger, after carving them
out from three existing Universities in the State. Patliputra
University and Purnia University have been carved out from the
Magadh University at Bodhgaya and Bhupendra Narayan
Mandal University at Madhepura and have accordingly been
created by Bihar State Universities (Amendment) Act, 2016
(Bihar Act 13 of 2016), whereas Munger University has been
created by division of Tilka Manjhi University, Bhagalpur by
Patna High Court CWJC No.12839 of 2018 dt.31-10-2018
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Bihar State Universities (Amendment) Act, 2016 (Bihar Act 1
of 2017). The said amendments were to come into force with
effect from the date, which the State Government, by a
notification, issued. The State Government has issued the
consequential notification accordingly.
2. Section 3 (1) of the Act defines the jurisdiction of the
respective Universities created under the Act. Magadh
University, before coming into force of the Amendment Act,
2016 with its headquarters at Bodhgaya (Gaya), had the
jurisdiction over the whole of Magadh Division (excluding the
colleges and falling under the jurisdiction of Patna University)
and Patna and Nalanda Districts of Patna Division. Similarly,
Bhupendra Narayan Mandal University, with its headquarters at
Madhepura had the jurisdiction over whole of the Koshi and
Purnia Divisions and Tilka Manjhi Bhagalpur University with
its headquarters at Bhagalpur had the jurisdiction over the
whole of the Bhagalpur Division. After coming into force of the
Amendment Act, 2016, Patliputra University which has been
carved out from the Magadh University, is to have territorial
jurisdiction over Patna and Nalanda Districts of Patna Division
except the colleges falling within the jurisdiction of Patna
University. It appears that the Purnia Division has been carved
Patna High Court CWJC No.12839 of 2018 dt.31-10-2018
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out from the Koshi Division. The Purnia University has been
given the territorial jurisdiction over the whole of territorial
jurisdiction of Purnea Division. Similarly, Munger University
has been given the territorial jurisdiction over Munger,
Khagaria, Jamui, Sheikhpura and Lakhisarai districts.
3. These two writ applications have been filed because of
immediate situation emerging out of creation of Purnia
University and Munger University leading to various
controversies, complications and apprehensions, some of which
are genuine, whereas some misplaced. The relief(s), which the
petitioners are seeking in the present applications, appear to be
diametrically opposite.
4. The petitioner in CWJC No. 8956 of 2018, which has
been filed on 05.05.2018, are teachers training colleges which,
upon division of Tilka Manjhi Bhagalpur University, fall within
the territorial jurisdiction of Munger University. These colleges
have apprehension that in the absence of basic infrastructure
available and adequate system in place with the Munger
University upon its creation, it may not be in position to hold
the B.Ed. Examinations within the prescribed time schedule.
They are seeking an order restraining the respondents from
detaching these institutions from the earlier Tilka Manjhi
Patna High Court CWJC No.12839 of 2018 dt.31-10-2018
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Bhagalpur University and attach them them to the newly-
constituted/created University. It is their case that newly-created
Munger University does not have even the most fundamental
requirements in terms of space for accommodating even the
Vice-Chancellor of the University, let alone the infrastructure
adequate to run the University smoothly.
5. The petitioners in CWJC No. 12839 of 2018, two in
number, claim to be the students of different colleges failing
under the Purnia Division, which now fall within the territorial
jurisdiction of the newly-created Purnia University, on the other
hand, have challenged a decision of the Chancellor's office
communicating through letter dated 14.06.2018 to the divided
Universities, whereby an interim arrangement has been made
for holding the pending examinations by the Magadh University,
Bodh Gaya, Tilka Manjhi Bhagalpur University, Bhagalpur and
B.N.Mandal University, Madhepura of all those students
admitted in the colleges which fall originally in Magadh
University, Bodhgaya, Tilka Manjhi Bhagalpur University, and
B.N.Mandal University, Madhepura, before the Amendment Act
came into force. The said communication clarifies that the
newly-created Universities shall be allowed to conduct the
examinations of those students who would be enrolled in the
Patna High Court CWJC No.12839 of 2018 dt.31-10-2018
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respective Universities from the session 2018-19 onwards. It is
their specific case that the said three Universities lost their
jurisdiction over the institutions after the Amendment Acts came
into force with the issuance of notification by the State
Government and the colleges now fall under the territorial
jurisdiction of the newly-created Universities by operation of
law and, therefore, the said decision of the office of the
Chancellor is in teeth of law and beyond jurisdiction.
6. When CWJC No. 8956 of 2018 (Rahmani B.Ed.
College and others vs. The State of Bihar and others) was
taken up on 09.05.2018, responding to the apprehension of the
petitioners that the examination would not be held as per the
schedule in the absence of infrastructure, learned counsel for
the Chancellor and Munger University assured this Court that
the examination wold be held in accordance with the academic
calendar.
7. It seems that it was in view of certain observations
made by this Court, while hearing CWJC No. 8956 of 2018 that
the Chancellor's office constituted a Committee, headed by the
Chancellor himself and three other Vice-Chancellors of the
Universities in the State of Bihar for resolving the issues. The
three Vice-Chancellors deliberated upon the issue as to which
Patna High Court CWJC No.12839 of 2018 dt.31-10-2018
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University shall hold examination of the students admitted
prior to the creation of the new Universities and in its meeting
held on 13.06.2018, the Committee resolved to decide as
follows:-
"1. The Committee discussed the related issues in
detail in the light of statutory provision, existing
Regulations and practical considerations.
2. The Committee resolves that the new
universities, viz, Patliputra University, Patna,
Munger University, Munger and Purnea University,
Purnea may be allowed to conduct emanations as of
those students who will be enrolled in the
respective universities from the session 2018-19 on
wards.
3. It is further resolved that students admitted in
previous sessions in the parent Universities will
continue to remain students of the parent
Universities till the Degree is awarded to them. The
newly constituted Universities must bear the
responsibility to facilitate the parent Universities in
conducting the classes and examinations.
4. It is also resolved that the existing Ordinance,
Regulations and Statues of parent universities shall
remain effective until the new universities frame
their own."
8. A clarification was accordingly issued by the
Chancellor's office to all the six Universities, through a letter
dated 14.06.2018, in relation to the pending examinations after
creation of new Universities, which endorsed the view of the
Committee so constituted. On 21.06.2018, a copy of the said
Patna High Court CWJC No.12839 of 2018 dt.31-10-2018
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communication dated 14.06.2018 was presented by learned
counsel for the Chancellor before this Court, upon which the
following observation was made by me in CWJC No. 8956 of
2018:-
"A copy of the letter dated
14.06.2018has been produced by Mr. Giri, learned counsel for the Chancellor, from which it appear that consequence of amendment in Bihar State Universities Act, 1976, has not been duly appreciated. The Court is of the view that whereas the Munger University, for the purpose of facilitating examinations, may take all kinds of assistance from Tilka Manjhi Bhagalpur University, Bhagalpur, jurisdiction of Munger University over the Colleges falling within its territorial jurisdiction is to remain intact in accordance with the provisions of the Act. By operation of the Amendment Act, the Colleges falling within the territorial jurisdiction of Munger University, have become Colleges affiliated with the Munger University and only Munger University can have the jurisdiction to award degree. This is my tentative view."
9. The Universities were directed to file their counter affidavits, whereupon a counter affidavit has been filed on Patna High Court CWJC No.12839 of 2018 dt.31-10-2018 9/27 behalf of Munger University. Thereafter, Ravi Kumar Singh and Md. Aasif Alam filed CWJC No. 12839 of 2018, claiming themselves to be the students of the Colleges falling under the newly-created Purnia University, raising a grievance against the decision of the office of the Chancellor, as communicated to the Universities through letter dated 14.06.2018 (supra).
10. There is a peculiar aspect that on the one hand, the Munger University, in its counter affidavit in CWJC No. 8956 of 2018, has taken a stand that it will hold examinations for all the students, who take admissions for the session 2018-19 and onwards of all the courses, including B.Ed., and the present examination shall be conducted by the Tilka Manjhi Bhagalpur University, Bhagalpur, in the light of the decision of the Chancellor' office, Purnia University has taken a stand that the University is capable of holding examinations and conduct of academic work as, according to the University, it has become fully functional within a short span of time, despite the limitations.
11. It is the stand of the Chancellor' office, as taken in the counter affidavit filed that there would be certain practical problems which would have arisen had the decision was not taken for holding of the examinations of the students by the Patna High Court CWJC No.12839 of 2018 dt.31-10-2018 10/27 respective Universities with which they were originally registered and making arrangement that the newly-created University shall hold the examinations of such students who are admitted in the colleges/institutions of the University for the session 2018-19 onwards. The practical difficulties have been outlined in paragraph 8 of the counter affidavit filed in both the cases which read thus:-
"Some of the practical problems which could have arisen if the same was not done are enumerated below:
The process started by old University shall have to be completed by that University.
In three year degree course, the old University has completed part of the examinations e.g. Part 1 in 3 yr degree course. And some of the students have passed, some promoted {promoted will have to clear papers in which they have failed in subsequent exams of Part II-if subsequent exams are taken by new University hen it will be against UGC norms that exam of one paper ha been conducted by one University and that of other paper is being conducted by other University.
Problem in issuance of transcripts later on:- Transcripts are details of courses conducted, examinations held and marks given. For one Patna High Court CWJC No.12839 of 2018 dt.31-10-2018 11/27 exam (read 3 yr degree course) transcript of two or more University are not valid worldwide. Transcripts are required worldwide for jobs and admissions e.g. in American and European University}. If in transcripts the University gives certificate for courses such as for 2016-18 and the University itself is established in 2018, it will raise eyebrows and the student will have to suffer worldwide. University formation is taking place in phases. The Chancellor is concerned with quality of exam, quality of teaching and maintenance of calendar.
Practicability:
Results are pending because marks of one part are not easily retrieved while tabulating final results. In almost all University pending percentage is high, sometimes even more than 50%. If two Universities are involved in, it will be almost impossible to retrieve from other University.
Backlogs of results:
Many Universities have big back log of exams. Even 2016-17 exams are due. University established in 2018 cannot award degree for the examination of 2016, for example. If the same is done then again the problems with transcripts will come in.
Registration of student in any University:- Patna High Court CWJC No.12839 of 2018 dt.31-10-2018 12/27 It is a sort of agreement between the student and the University. Registration cannot be transferred midway. Any course started by one University shall have to be completed by that very University.
New Universities are yet to be recognized by the University Grants Commission: The new Universities are still in the process of UGC recognition. Under 2F of the UGC Act, the Munger University has sent application for recognition under 22B and 2F of the UGC Act, but it is yet to be recognized. Thus the non-recognition of the newly created Universities by the UGC would nullify the degree awarded by them.
Precedence:
In earlier bifurcations too eg when VKSU was established carving out from the erstwhile Magadh University 1992, only the courses started by new University were taken care of by the new one."
12. Nonetheless, in view of clear language of the Amendments in the Act and subsequent notification issued by the State Government, leading to creation of those Universities giving them their respective territorial jurisdiction, without leaving any scope for exception therein which would have allowed the Universities from which the newly-created Patna High Court CWJC No.12839 of 2018 dt.31-10-2018 13/27 Universities were carved out to hold examinations of students falling under the newly-created institutions, a question arose whether the office of the Chancellor could take a decision by making such practical arrangements, diluting the statutory provisions. Considering the significance of the legal issues involved, this Court requested Mr. Lalit Kishore, learned Advocate General, Bihar to extend his assistance, by order dated 06.08.2018, pursuant to which, he appeared and made his submissions.
13. Mr. Lalit Kishore made a very short submission on the question of the Chancellor's jurisdiction to issue direction, as contained in the letter dated 14.06.2018 by referring to Section 9(7) (ii) of the Act, which reads thus:-
"9(7)(ii) The Chancellor shall have the power to issue direction to the Universities in the administrative or academic interest of the Universities which he considers to be necessary. The direction issued by the chancellor shall be implemented by the Vice-Chancellor, Syndicate, Senate and other bodies of the Universities, as the case may be."
14. Referring to the said provisions, he would contend that, in the present and facts and circumstances, both the Patna High Court CWJC No.12839 of 2018 dt.31-10-2018 14/27 administrative and academic interest of the newly-created Universities were involved, which did not have the immediate wherewithal and infrastructure to hold examinations. He contends that the intervention of the Chancellor's office became essential, since it would have been otherwise detrimental to the academic interest of the Universities and the students of the colleges/institutions falling under the newly- created Universities.
15. I have heard Mr. Sanjay Kumar, learned counsel, appearing on behalf of the petitioners in CWJC No. 8956 of 108 and Mr. Sunil Kumar Singh, learned counsel, appearing on behalf of the petitioners in CWJC No. 12839 of 2018. Mr. R.K.Giri, learned counsel has rendered assistance on behalf of the office of the Chancellor. Mr. P.N.Shahi, learned Senior Counsel, duly assisted by Mr. Ritesh Kumar, learned counsel, has argued on behalf of B.N.Mandal University, Madhepura. Mr. Rakesh Kumar Samrendra, assisted by Mr. Rashid Izhar, has represented the Purnia University, whereas Mrs. Nivedita Nirvikar has represented the Munger University. The State has been represented by the learned AAG-15 Mr A.R.Pandey with Mr. Vinay Kumar Mishra and Mr. Madanjeet Kumar, learned G.P.-20 for the State. Mr. Ashhar Mustafa has appeared for Patna High Court CWJC No.12839 of 2018 dt.31-10-2018 15/27 Tilka Manjhi University, Bhagalpur.
16. In order to address the central issue which these writ applications involve, I am first required to notice Section 3 of the Act, which prior to the amendments read thus:-
3. Establishment and incorporation of Universities:- (1) The following universities shall be established 'from the date of commencement of this Act':-
(a) Baba Saheb Bhimrao Ambedkar Bihar University having the headquarters at Muzaffarpur and the jurisdiction over the whole of the Trihut Division.
(b) Jai Prakash University having the headquarters at Chapra and the jurisdiction over the whole of the Saran Division.
(c) Tilka Manjhi Bhagalpur University having the headquarters at Bhagalpur and the jurisdiction over the whole of the Bhagalpur Division.
(d) Sidhdhu Kanhu University having the headquarters at Dumka and the jurisdiction over the whole of the Dumka Division.
(e) Ranchi University having the headquarters at Ranchi and the jurisdiction over the whole of the Patna High Court CWJC No.12839 of 2018 dt.31-10-2018 16/27 South Chotanagpur Division.
(f) Vinoba Bhave University having the headquarters at Hazaribagh and the jurisdiction over the whole of the North Chotanagpur Division.
(g) Magadh University with headquarters at Bodhgaya (Gaya) and the jurisdiction over the whole of the Magadh Division and (excluding the Colleges falling under the jurisdiction of Patna University) Patna and over Nalanda District of Patna Division.
(h) Vir Kunwar Singh University having the headquarters at Arrah and the jurisdiction over he remaining parts of the Patna Division excluding Patna and Nalanda Districts.
(I) Lalit Narain Mithila University having the headquarters at Darbhanga and the jurisdiction over the whole of the Darbhanga Division.
(j) Bhupendra Narain
Mandal University having the
headquarters at Madhepura and the
jurisdiction over the whole of the Koshi and Purnea Divisions
(k) Kameshwar Singh Darbhanga Sanskrit University having the headquarters at Darbhanga and the jurisdiction over the whole of the State Patna High Court CWJC No.12839 of 2018 dt.31-10-2018 17/27 of Bihar
(l) Maulana Mazharul Haque Arabic and Persian University having the headquarters at Patna and the jurisdiction over the whole of the State of Bihar, shall, for development of higher standard studies in Arabic and Persian be established by the State Government with effect from the date of notification in the Official Gazette:
Provided that the State Government may, by notification, in the Official Gazette, determine the functions and other duties of this University:
Provided further that the State Government may, by notification, in the Official Gazette, change the territorial jurisdiction of the Universities.
2. The first Chancellor or the first Vice-Chancellor, first member of the Senate, the Syndicate and the Academic Council and all persons who may hereafter become such officers or members and so long as they continue to hold such office or membership shall together constitute a body corporate by the name of the University specified in sub-section (1).
Patna High Court CWJC No.12839 of 2018 dt.31-10-2018 18/27
3. The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
(4) No educational institution beyond the territorial jurisdiction of the University, shall, except by an order of the State Government published in the official gazette, form a part of or be admitted to the privileges of the University. And no such institution within the said territorial jurisdiction shall similarly form part of or be recognized by or seek admission to any privileges of any other University incorporated by law in India, and any such recognition granted by any such other University to any such institution within the said territorial jurisdiction prior to the commencement of this Act shall be deemed to have been withdrawn on the commencement of this Act."
17. Following amendments which have been introduced through the Bihar State Universities (Amendment) Act, 2016 (Bihar Act 13 of 2016) and Bihar Act 1 of 2017 in section 3 of the Act, section 3 would read thus:-
Patna High Court CWJC No.12839 of 2018 dt.31-10-2018 19/27
3. Establishment and incorporation of Universities._(1)The following universities shall be established from the date of commencement of this Act:-
(a) Baba Saheb Bhimrao Ambedkar Bihar University having the headquarters at Muzaffarpur and the jurisdiction over the whole of the Trihut Division.
(b) Jai Prakash University having the headquarters at Chapra and the jurisdiction over the whole of the Saran Division.
(c) Tilka Manjhi Bhagalpur University having the headquarters at Bhagalpur and the jurisdiction over the whole of the Bhagalpur Division.
(d) Magadh University with headquarters at Bodhgaya (Gaya) and the jurisdiction over the whole of the Magadh Division and (excluding the Colleges falling under the jurisdiction of Patna University) Patna and over Nalanda District of Patna Division.
(e) Vir Kunwar Singh University having the headquarters at Arrah and the jurisdiction over he remaining parts of the Patna Division excluding Patna and Nalanda Districts.
(f) Lalit Narain Mithila Patna High Court CWJC No.12839 of 2018 dt.31-10-2018 20/27 University having the headquarters at Darbhanga and the jurisdiction over the whole of the Darbhanga Division.
(f) The Bhupendra Narain Mandal University headquarters of which will be at Madhepura and territorial jurisdiction of which will be the whole of the Koshi Division.
(h) Kameshwar Singh Darbhanga Sanskrit University having the headquarters at Darbhanga and the jurisdiction over the whole of the State of Bihar
(i) Maulana Mazharul Haque Arabic and Persian University having the headquarters at Patna and the jurisdiction over the whole of the State of Bihar, shall, for development of higher standard studies in Arabic and Persian be established by the State Government with effect from the date of notification in the Official Gazette.
(j) Purnia University may be established from the date notified in the official gazette by the State Government, by notification, headquarters of which will be at Patna and territorial jurisdiction of which will be at Purnia and the territorial jurisdiction of which will be whole of Patna High Court CWJC No.12839 of 2018 dt.31-10-2018 21/27 territorial jurisdiction of Purnia Division.
(k) Patliputra University may be established from the date notified in the official gazette by the State Government, by notification, headquarters of which will be at Patna and territorial jurisdiction of which will be territorial jurisdiction of Patna and Nalanda districts of Patna Division except the colleges falling within the jurisdiction of the Patna University.
(l) Munger University may be
established by division of Tilka
Manjhi Bhagalpur University,
Bhagalpur from the date notified in the Official Gazette by the State Government, by notification, headquarters of which will be at Munger and the territorial jurisdiction of which will be effective in the whole of Munger Division."
Provided that the State Government may, by notification, in the Official Gazette, determine the functions and other duties of this University:
Provided further that the Patna High Court CWJC No.12839 of 2018 dt.31-10-2018 22/27 State Government may, by notification, in the Official Gazette, change the territorial jurisdiction of the Universities. (emphasis added)
2. The first Chancellor or the first Vice-Chancellor, first member of the Senate, the Syndicate and the Academic Council and all persons who may hereafter become such officers or members and so long as they continue to hold such office or membership shall together constitute a body corporate by the name of the University specified in sub-section (1).
3. The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
(4) No educational institution beyond the territorial jurisdiction of the University, shall, except by an order of the State Government published in the official gazette, form a part of or be admitted to the privileges of the University. And no such institution within the said territorial jurisdiction shall similarly form part of or be recognized by or seek admission to any privileges of any other University incorporated by law in India, and any Patna High Court CWJC No.12839 of 2018 dt.31-10-2018 23/27 such recognition granted by any such other University to any such institution within the said territorial jurisdiction prior to the commencement of this Act shall be deemed to have been withdrawn on the commencement of this Act."
18. A bare reading of section 3 of the Act, makes it clear that each of the Universities under the Act, has been allocated their respective territorial jurisdiction. There are two provisos to sub-section(1) of Section 3 of the Act. The first proviso confers upon the State Government the jurisdiction to determine the functions and other duties of the University, by notification. The second proviso confers upon the State Government to change the territorial jurisdiction of the Universities.
19. Section 9(7)(ii) of the Act, which has been quoted above, on the other hand, gives the Chancellor a general power to issue directions to the Universities in the administrative and academic interest of the of the Universities, which he considers to be necessary.
20. On the one hand, there is specific jurisdiction vested in the State of Bihar to determine functions and other duties of the Universities under the first proviso and to change even the Patna High Court CWJC No.12839 of 2018 dt.31-10-2018 24/27 territorial jurisdiction of the Universities, despite territorial jurisdiction of the respective Universities having been incorporated in the main provision, in my view, it was the State Government which ought to have taken a decision in the prevailing circumstance instead of the Chancellor issuing the direction exercising general and residuary power under section 9(7) (ii) of the Act in order to deal with the emergent situation. In my opinion, at the time of issuance of desired notification, leading to creation of the new Universities, the State Government ought to have made Provisions determining function and other duties of the Universities, if the situation so warranted. Considering the practical difficulties which the students and the newly-created Universities might have had to face because of the creation of the new Universities, without adequate infrastructure and the manpower in place to hold examinations, emergent decision by the office of the Chancellor, as communicated to the Universities through letter dated 14.06.2018, cannot be said to unwarranted since it would have had otherwise serious consequences, touching adversely the fate of the students for whose benefit the new Universities have been created and established. The impugned decision of the Chancellor, therefore, needs no interference by this Court. Patna High Court CWJC No.12839 of 2018 dt.31-10-2018 25/27
21. Under the scheme of the Act, the power vested in the executive government in respect of creation, management and determining of the functions and duties of a University is wide, as is evident from the language of the two provisos to sub- section (1) of Section 3 of the Act. The State Government, as has been noticed, has been given the power to alter the territorial jurisdiction of a University by publication of notification in the official gazette, which power is not vested even in the Chancellor. The Chancellor cannot alter the territorial jurisdiction of a University, in any circumstance and there being no such power vested in him, in my view, it is because of the failure on the part of the State Government to take a call keeping in mind various situations arising out of creation of the new Universities that the office of the Chancellor had to invoke his general power, as vested in section (9)(7) (ii) of the Act.
22. As a matter of fact, the petitioners in CWJC No. 8956 of 2018 have raised no grievance against the decision of the Chancellor since, according to them, their interest and the interest of the students studying in those B.Ed. Colleges stand protected in view of the decision of the office of the Chancellor. There are only two students in CWJC No. 12839 of 2018 who have questioned the decision of the office of the Chancellor. Patna High Court CWJC No.12839 of 2018 dt.31-10-2018 26/27 Since, in my view, their interest is in no way is going to be jeopardized because of the decision of the Chancellor's office dated 14.062018, I do not find that they can have any genuine grievance to maintain the writ application. In the aforesaid background, I do not intend to interfere in the matter.
23. I however, direct the Principal Secretary, Education Department, Govt. of Bihar, to ensure that necessary decisions are taken, addressing various issues arising out of creation of these Universities in better academic and administrative interest of the newly-created Universities by invoking various previsions of the Act, specially the proviso to sub-section (1) of Section 3 of he Act. Such decision must be taken and duly notified expeditiously, since it is obvious that there would be so many issues arising out of carving out of the new Universities.
24. Last but not the least, the Court has been given an impression that despite lapse of nearly two years, the exercise of apportionment and transfer of officers, teachers and servants, as contemplated under section 70B of the Act, has not been completed, which is also giving rise to enormous complications, including lack of manpower, in terms of teachers, officers, and other servants in the newly-created Universities. In the absence Patna High Court CWJC No.12839 of 2018 dt.31-10-2018 27/27 of adequate number of officers, teachers and servants, the newly-created Universities cannot discharge various statutory functions which they are required to discharge, in accordance with law, and the grievance of the nature, which the petitioners have raised in the present writ applications, will keep on coming from various quarters, from time to time.
25. I accordingly direct the State Government through its Principal Secretary, Education Department, Govt. of Bihar to take immediate steps in this direction and complete the process of apportionment at least before April, 2019, so that the coming academic sessions may begin with ease.
26. With the direction and observation, as noted above, both the writ applications stand disposed of.
(Chakradhari Sharan Singh, J) HR/-
AFR/NAFR AFR CAV DATE Nil Uploading Date 31.10.2018 Transmission Date