- (1.) ON a complaint made by two eligible candidates, an enquiry was caused to have been held by the Vice -Chancellor of Vidyasagar University for ascertaining the correctness of the complaint regarding illegal admission given to the writ petitioners in the B.Ed. course for the academic session 2012 -13 by the college authority of Bengal College of Teacher Education, an institution recognised by NCTE and affiliated to Vidyasagar University.
(2.) AFTER such an enquiry was held, it was revealed that though the writ petitioners were not recommended by the University authority for admission in the B.Ed. Course in the said college, still then, the college authority admitted them in the said course in total disregard of the admission rules. Accordingly, the registration of those two students was cancelled by the University. As a result, their admission in the said course was also cancelled and their study in the said course was discontinued. Those two students, thus, felt aggrieved. They moved a writ petition being W.P. No. 11197(W) of 2013. The writ petition was entertained by the Learned Single Judge of this Court and direction was given for filing affidavits by the parties in the writ proceeding. An interim order was also passed by the Learned Trial Judge on 17th April, 2013 directing the University authorities, namely, the respondent nos. 3, 4 and 5, to allow the petitioners to sit in the B.Ed. examination, 2013 on the basis of the certificate of registration issued by the respondent University and also for allowing them to take part in the practical examination which was scheduled to be held from 20th March, 2013 to 19th April, 2013 without prejudice to the rights and contentions of the parties, with a rider that participation of the petitioners in the said examination and/or in the practical examination shall be subject to the result of the final decision of the writ petition. The University authorities were not satisfied with the said interim order and as such they filed an application for vacating the interim order. However, since the said application for vacating the interim order could not be heard before such examination was held, the University authority allowed the petitioners to participate in both, written examination as well as practical examination, on the scheduled date. Ultimately, the application for vacating the interim order which was filed by the University authority being CAN 4653 of 2013 came up for consideration before another Learned Single Judge of this Court on 19th March, 2014. After considering the materials on record and also after taking note of the submission of the Learned Counsel appearing for the parties, the Learned Trial Judge held that the college authorities violated the admission norms of the University and allowed those two students to take their admission in B.Ed. Course by refusing admission to the recommended candidates. Despite such a finding was recorded by the Learned Trial Judge, the Learned Trial Judge ultimately passed an order directing the University to publish the result of those two students as they have not only completed the course but also they were allowed to participate in the examination upon payment of requisite fees of their registration. Such direction was passed as the Learned Trial Judge was of the view that the college authority was responsible in admitting those two students in the said course in violation of the University admission norms and the University authority was responsible for regularising their admission by registering them as the students of the said University without verifying their list of sponsored candidates before granting them registration certificate. The Learned Trial Judge also recorded in the order that cancellation of the registration of those two candidates and/or their admission in the said course, by the University authority cannot be held to be justified as such order of cancellation of their admission and/or their registration was passed by the University authority without giving the writ petitioners any opportunity of hearing. By subsequent order passed on 18th March, 2014; the University authority was directed to publish the result of the writ petitioners by 19th March, 2014. These two orders are under challenge in these two mandamus appeals.
(3.) HEARD the learned counsel appearing for the parties. Considered the materials on record. Let us now consider the merit of these two appeals in the facts of the instant case.;