NAGENDRA RAI, J. - (1.)THE petitioner no. 10 Secretary of the governing body of Mahendru Das College, Mathua Nechua, Jalalpur and petitioners no. 1 to 9 claiming themselves to be the students of part 2nd of 3rd year degree course (Hons) of 1992 -95 Session have filed the present application for a direction to the respondents including the Jai Prakash University, Chapra (hereinafter referred to as the J.P University (respondent no. 1) to issue forms and accept fee and forms of petitioner no. 1 to 9 and other students of the said College for appearing in the Part II examination of three years degree course for which a date i.e. 8.11.95 for the commencement of the examination has been announced by the respondent University, to issue Admit Cards to the petitioners and other students allowing them to appear in the said examination, to direct the respondent no. 6 Baba Saheb Bhim Rao Ambedkar University (hereinafter referred to as the Ambedkar University) to transfer the registration of the petitioners and other students to the Respondent no. 1 J.P University and to comply with the direction issued by this Court in L.P.A. No. 650/95 on 28.8.95.
(2.)THE petitioners assertion is that the College in question was established in the year, 1982 and the College was granted affiliation upto Graduate Pass course in Science and Arts subjects. Originally the College was within territorial jurisdiction of Bihar University and now named as Baba Saheb Bhim Rao Ambedkar University (respondent no. 6). However, after creation of J.P University (respondent no.1) the College fell within the territorial jurisdiction of the said University. The students of the college were registered with the Bihar University and the Bihar University had sent a proposal for affiliation of the College upto Hons. level and the said proposal was pending before the Government. The said College imparted studies to the students in Hons. subject and the students wanted to appear in B.A./B.Sc. Hons. examination but the same was not allowed by the Ambedkar University.
(3.)THE students and the Principal of the College filed a writ application being C.W.J.C. No. 7360/93 and a division Bench of this Court consisting of Hon'ble Mr. Justice N. Pandey and Hon'ble Mr. Justice S.K. Singh by order dated 27.7.93 directed the Vice -Chancellor to permit the students, who have already deposited the Fee and Forms, to appear in the examination but their results shall not be published until further orders of this Court. A copy of the said order has been annexed as annexure -F to the Counter Affidavit. In pursuance of the said order the students who had already deposited the Fee and Forms were allowed to appear in the Special Hons. Examination conducted by the respondent no. 6. The said matter was finally disposed of on 3.12.93 by a Bench consisting of Hon'ble Mr. Justice B.P. Singh and Hon'ble Mr. Justice S.K. Singh. A copy of the said order has been annexed as Annexure -1 to the application. This Court in the said order after taking note of the fact that the College was not affiliated upto the Hons. Course and the Registrar of the Ambedkar University (Resp. no. 6) has already clearly stated to the College not to register any student of the Hons. Course even then the College has admitted the students of B.A. Hons. Course, held that no direction can be given in their favour to appear in B.A. Hons. Examination. However, this Court held that if there is any provision that B.A. Hons. student may be treated as a candidate of B.A. Pass Course the University will consider the same. This Court also directed that the grant of affiliation to the College upto B.A. Hons. Course, which is pending before the Government, should be considered by the Govt. within three months. This Court further directed that as the College now has fallen into the jurisdiction of the J.P. University, the students, who were registered with the Bihar University, are required to get themselves registered with the J.P. University but as there being no provision for transfer of the registration the State as well as the University should evolve a procedure for automatic transfer of the registration of the newly created University, However, in absence of registration the students should not be debarred from taking examination. In other words this Court rejected the prayer of the students to appear in the B.A. Hons. Course Examination. In pursuance of the aforesaid direction of the High Court contained in Annexure -1 the Department of Higher Education, Government of Bihar, considered the question of affiliation and granted the same by memo no. 387 dated 13.7.94. A copy of the same has been annexed as Annexure -2 to the writ application, which shows that the affiliation in Honours Course has been granted in Science as well as in Arts faculty.
It is asserted by the petitioners that the State Government and the University did not evolve a procedure for automatic transfer of the registration of the students from Ambedkar University (Resp, No. 6) to J.P. University (Resp. No. 1) and as such the students of the College, who were registered with the Ambedkar University (Resp. No. 6) continued to be registered as students of the said University. In the meantime, the examination of part I of three years degree course for 1992 -95 Sessions of J.P. University was over, and thereafter Fee and Forms of the students including the petitioner nos. 1 to 9 for Part I Degree Course (Hons.) were submitted by the College to the Ambedkar University and the same were accepted. However, when the Admit Cards were not issued the petitioners came to this Court in C.W.J.C. No. 7041/94 and at the stage of admission a Division Bench of this Court consisting of Hon'ble Mr. Justice N. Pandey and Hon'ble Mr. Justice S.K. Singh allowed the petitioners to appear in the examination conducted by the Ambedkar University provided their fee and Forms have been accepted by the proper authority and provided the petitioners were found duly qualified to appear in the examination. In the meantime, learned Counsel for the University was directed to obtain instructions as to whether the Fee and Forms of the students have been accepted or not by the Ambedkar University. The said order has been annexed as Annexure -3 to the writ application. The students, accordingly, appeared in Part I examination of three years Degree Course. Thereafter, the said writ application was listed on 1.2.95 and a learned single Judge of this Court on the basis 'of statements made by learned Counsel for the University (respondent no. 6) that the students have been allowed to appear in the Part I examination of three years degree course and the result will be published in due course, disposed of the writ application after holding that the same has become infructuous. A copy of the said order has been annexed as Annexure -4 to the application. Thereafter, the result of the students including the petitioners no. 1 to 9 was published from the Ambedkar University. In the mean time, the II Part Examination of three years degree course of J.P. University was over. They again wanted to appear in the B.A. II Part examination (Hans.) from Ambedkar University. However, when the College was not successful again it filed a writ application being C.W.J.C. No. 3681/95 before this Court for a direction to the Ambedkar University to permit the students of the college to appear in B.A. Hons. Part II Examination which was going to commence from 29.6.95. A learned single Judge (Hon'ble B.P. Singh, J.) of this Court rejected the aforesaid prayer on the ground that as the college falls within the jurisdiction of J.P. University the students of the said College should not be allowed to appear in the examination conducted by the Ambedkar University. A copy of the said order has been annexed as Annexure -5 to the writ application.