Calcutta High Court (Appellete Side)
Hariom Singh vs The Jadavpur University & Ors on 30 August, 2011
Author: Tapen Sen
Bench: Tapen Sen
1
30/08/2011
ARDR
WP 13487 (W) of 2011
Hariom Singh
Vs.
The Jadavpur University & Ors.
Mr. Ganesh Ch. Panda,
Mr. Abdul Hamid,
Mr. Sukanta Chakraborty, ....for the Petitioner.
Mr. S.L. Hazra,
Mr. Debabrata Roy,
...for the Jadavpur University.
Mr. Shyamal Sarkar, ....for the State.
Affidavit of service is taken on record.
Heard Mr. Ganesh Chandra Panda, learned Counsel appearing
for the Petitioner with Mr. Abdul Hamid, his junior; Mr. S.L. Hazra, for
the Jadavpur University and Mr. Shyamal Sarkar for the State.
Having heard the parties and having considered the
submissions, this Court is of the view that no useful purpose will be
served in keeping this Writ Petition pending before this Court because
all that the Petitioner prays for is that the Respondent nos. 1 to 4 (The
Jadavpur University and its Officers) be directed to show cause as to why his admission should not be regularised and also to show cause as to why his admission fees were not accepted and also, as to why his representation dated 12/8/2011 has not been considered. The Petitioner has also prayed that an Order be passed directing them to regularise his admission after receiving his fees so that he can attend his classes and continue with his course of study. It is stated at the Bar that classes have already started from 04/8/2011.
The facts of this case are that the Petitioner appeared in the GPAT 2011 Examinations, conducted by the All India Council for Technical Education (AICTE), New Delhi. The Petitioner has stated that he is a qualified candidate and is entitled to get admission in the subject, Master of Pharmacy. Considering his Score card of the GPAT, 2 2011, he submitted the admission form etc. before the Jadavpur University on 26/6/2011. Thereafter, the concerned authorities published the list of candidates who had qualified to sit in the qualifying examinations for the Master of Pharmacy and Department of Pharmacy, scheduled to be held on 12th July, 2011. Admit cards were issued and the Petitioner appeared and successfully completed the said tests and when results were published, the name of the Petitioner was placed at Serial No. 13. Thereafter, the Petitioner and his father, upon a direction of the Respondent authorities, affirmed two Affidavits to the effect that they would follow the Rules and the Petitioner will not commit the offence of ragging etc. His father undertook that if the Petitioner committed any offence, he could be punished in accordance with law.
The Respondent authorities then called the Petitioner and he was directed to produce the original GPAT 2011 Scorecard and upon such production, the authorities made an endorsement on the original Scorecard, mentioning that the Petitioner had been "Admitted" to the Jadavpur University and therefore, for all practical purposes, the admission of the Petitioner stood confirmed. The authorities also issued a Fees Book but when the Petitioner wanted to deposit the fees on 21/7/2011, the authorities of the Jadavpur University refused to accept the fees on the ground that the Petitioner has to submit an Approval Certificate of his College issued by the AICTE.
Having heard the parties, it appears that the Jadavpur University has acted in a manner that is strange. Having got a student to appear in the necessary qualifying examinations and the said student having passed and having been placed at Serial no. 13, there was no need for the authorities to once again seek for further documents such as the ones mentioned by the Writ Petitioner.
Mr. S.L. Hazra, learned Counsel appearing for the Jadavpur University, referred to a "Note to Law Cell", prepared by the Principal Secretary, Faculty of Engineering and Technology, which was 3 addressed to the Registrar, Jadavpur University. The same is taken on record.
It appears that the Principal Secretary of the Faculty of Engineering and Technology, has proceeded on an assumption that since the Jadavpur University has already taken approval of AICTE, therefore, they should take "Course Approval" from other Institutions at the time of submission of the Application or at the time of final Admission. This appears to be a complete non-application of mind on the part of the Principal Secretary. Merely because the Jadavpur University has taken approval of the AICTE, it does not stand to reason as to why it must insist from every student who are fully entitled to take admission, to get approval from other Universities also. In fact the Judgment of Bharathidasan University reported in (2001) 8 SCC 676 clearly lays down that the University is obliged to conform to the standards and norms laid down by the AICTE. It does not say that prior approval is necessary to be taken from the AICTE for all new UG and PG courses.
Under the circumstances, the said Communication/ "Note to Law Cell" is set aside the Writ Petition is disposed of by directing the Jadavpur University to regularise the admission of the Petitioner by accepting his fees immediately.
Subject to an application for certified copy being made and proof in support thereof being produced, let a plain photocopy of this Order, duly countersigned by the Assistant Registrar (Court), be handed over to the parties.
(Tapen Sen, J.)