PANKAJ KUMAR JAISWAL,JJ. - (1.) Heard Sri Sandeep Dixit, learned Senior Advocate assisted by Sri Atul Kumar Dwivedi, learned counsel for the appellants and Sri H.P. Srivastava, learned Additional Chief Standing Counsel for the State and Sri Anilesh Tiwari and Sri Desh Deepak Singh, learned counsel for the private respondents.
(2.) The present intra-court appeal is directed against the judgement and order dated 6.12.2019 passed by the learned Single Judge in Writ Petition No.23929 (MS) of 2019 preferred by the private respondents impugning the order dated 14.8.2019 issued by the appellant-University cancelling the enrollment of all such students, who had submitted their Class-XII certificate issued by the Jharkhand State Open School, Ranchi and were admitted for various engineering courses by the several colleges affiliated to the appellant-University against management quota. On enquiry, it was found that the Jharkhand State Open School, Ranchi was a bogus and fictitious body and was not authorised to issue any educational certificate to the students.
(3.) Learned Single Judge vide impugned judgement and order has allowed the writ petition and set aside the order dated 14.8.2019 relying on the judgements in Ashok Chand Singhvi Vs. University of Jodhpur and others, reported in (1989) 1 SCC 399 and Suresh Pal and others Vs. State of Haryana and others, reported in (1987) 2 SCC 445. Learned Single Judge has held that the students were deceived by the Jharkhand State Open School, Ranchi, which also deceived the appellant-University and, the students were not at fault. The students have cleared their first year and are in the second year of the engineering course, and it would be unjustified to cancel their admissions at this stage and then ask them to complete their XII standard.;