M.Y.EQBAL,J. - (1.) THE controversy in the present case is whether the petitioner after having passed LL.B. parts I, II and III examinations is entitled to LL.B. degree and whether the respondent -Ranchi University is justified in taking a contrary decision in the matter of grant of LL.B. degree to the petitioner.
(2.) PETITIONER 's case is that he passed High School examination and Intermediate (Standard XIIth) examination from Intermediate Education Council, U.P. Thereafter, in the year, 1994 the petitioner passed 'Sahityalankar' examination in English from Hindi Vidyapeeth Deoghar (Bihar) and was duly granted 'Sahityalankar' certificate. In 1996 he applied for getting admission in LL.B. degree course as a regular student in Jamshedpur Co -operative College. Jamshedpur and duly disclosed his 'Sahityalankar'degree granted by Hindi Vidyapeeth, Deoghar as equivalent to B.A. The petitioner was admitted as a regular student of LL.B. course in the said college, Jamshedpur. The petitioner along with the others applied for registration before the Vice -Chancellor, Ranchi University after disclosing all his educational qualifications. The application was duly forwarded by the Principal of the college. The petitioner was granted registration by Ranchi University for being enrolled in LL.B. course of Ranchi University for the Sessions, 1995 -98. Petitioner's further case is that he duly attended the law college as a regular student and passed all the three parts of examination conducted by the Ranchi University. The petitioner was also granted mark -sheet and college leaving certificate on 24.2.1999 certifying that the petitioner passed law examination from Ranchi University. Thereafter, the petitioner applied for grant of provisional certificate of LL.B. examination before the University -authorities and also deposited requisite fees for issuance of provisional certificate. The petitioner then made several requests for grant of provisional certificate of LL.B. degree but the University sat tight over the matter and hence this writ application. A counter -affidavit has been filed on behalf of the Ranch University. It is stated by the University that the matter relating to recognition of 'Sahityalankar' of Hindi Vidyapeeth. Deoghar as equivalent to graduation degree of Ranchi University was the subject -matter of consideration before the Equivalence Committee's meeting held on 6.3.2000 in the office chamber of the Vice Chancellor, Ranchi University. It is stated that after due deliberation the Committee resolved that 'Sahirya Alankar' cannot be treated as equivalent to B.A. degree of Ranchi University. The Equivalence Committee also resolved that the Principal, Cooperative College, Jamshedpur be asked to furnish the details regarding the admission of the petitioner in LL.B. course and also to clarify that under what circumstance admission of the petitioner has been taken in LL.B. course since 'Sahitya Alankar' of Hindi Vidyapeeth, Deoghar is not recognised by Ranchi University. Respondent No. 4, the principal of the college who is also the Dean of Faculty of law, vide his letter dated 24.1.2001 replied to the queries made by the University by submitting that the Bihar Government vide its notification dated15.1.1991 has treated 'Vidya Alankar' equivalent to Bachelor of Arts provided the candidate had passed the same with English. He further stated that under the aforesaid notification he believed that the petitioner is a graduate and hence directed the petitioner to be admitted in LL.B. course. It is further stated in the counter -affidavit that the matter relating to grant of degree to the petitioner was once again placed before the Examination Board of Ranchi University for consideration and after due deliberation the Board resolved that in the light of the decision of the Equivalence Committee degree of LL.B. examination cannot be issued to the petitioner.
(3.) I have heard Mr. A.K. Sinha, learned Sr. Advocate appearing on behalf of the petitioner and Mr. A.K. Mehta for the Ranchi University.;