- (1.) By the Court. Heard Mr. Ved Byas Misra,learned counsel for the appellant- University and Mr. A.K. Tripathi,learned counsel for the respondent-petitioner Shanti Pandey,who has described herself as Principal,Jageshwari Kedat Tiwari Pracharya Vidyapeeth,Devradh Kalan,Post Kevdh-Dudra,Kaimoor,Bihar.
(2.) The University has come up in appeal against the directions issued by the learned Single Judge while disposing of the writ petition filed by the respondent, allowing the students, who were being represented by the Principal of the College, to appear in the fresh examinations and for that, the learned Single Judge passed an order that the Registrar of the University, shall conduct fresh examinations for the students, who had been left out in the main examination of the year 2008-09 within a month from the date of production of certified copy of the order.
(3.) The University has questioned the correctness of the impugned judgement in this appeal. This Court passed an elaborate interim order staying the operation of the said judgement after noticing certain glaring facts worth consideration. The said interim order is as follows : "Heard Shri Ved Byas Mishra for Sampurnanand Sanskrit University, the respondent-appellant in the special appeal. Shri A.K. Tripathi appears for Shanti Pandey,the Principal of Jageshwari Kedat Tiwari Pracharya Vidyapeeth,By the judgment dated 20.11.2009 in Writ Petition No. 18650 of 1998 filed by Shanti Pandey,the Principal of the institution, the learned Judge has found that the dispute between the Principal of the College and the University in which students are suffering and will loose one year of their career. Keeping in mind the interest of the students, to be above the issue of self-centre between the college and the university the students have been permitted to appear in the examination for the session 2008-09. A direction is also issued to the Registrar,Sampurnanand Sanskrit University,Varanasi to conduct fresh examination for the students of the institution, who have been left out in the main examination within a month from the date of production of certified copy of this order. In this matter we are concerned with the examination of 'Purva Madhyama','UttarMadhyama','Shastri' and 'Acharya' examination conducted by the University, which are equivalent to the High School, Intermediate, Graduation and Post Graduation examinations,Shri Ved Byas Misra states that on a complaint made by the University a enquiry committee headed by Professor Rajiv Ranjan Singh, Chairman of the Enquiry Committee and the Registrar carried out an inspection. They visited the college at Devradh Kala Kudra on 20.1.2009 and found that there are four or five rooms without any doors and windows. There was no furniture, students, employees or equipment in the institution. The campus was filled with straw (pual),which is used as cattle feed. There were buffaloes and goats grazing in the campus. One person wearing lung? was found taking care of two buffaloes. He identified himself as teacher of modern subject. He claimed himself to be post graduate in History but could not answer basic questions on the subject. Two more persons came to the spot and identified themselves as teacher of the literature and son of the manager. When the team visited the manager's residence, they were informed that 800 students appear every year in the examinations conducted by the University. He could not inform as to where they sit for examination and stay during the period of examination. The committee photographed and tape recorded the conversation and recommended that the college should not be allowed to hold examinations as Centre and a show-cause notice be given to the college for cancellation of the recognition. It is stated by Shri A.K. Tripathi that report was appended with the supplementary affidavit. He did not get sufficient time to reply. The report was obtained behind the back of the Principal. It is submitted that the college exists, and that students have been regularly attending the classes and appearing in the examination since 2003. We find substance in the contention of learned counsel for the University that in the circumstances of the case only the students could be aggrieved, for the reliefs claimed in the writ petition. A writ petition by a Principal of the college, where no college exists, and no students or teachers were found and for which there was no explanation as to how 800 students are studying and where do they sit to appear in the examination, was prima facie, not maintainable. Let a counter affidavit be filed within four weeks. The rejoinder affidavit may be filed within one week, thereafter. Until further orders, there shall be stay of the directions contained in the judgment dated 20.11.2009. List on 12th January, 2010.";