M.Y.EQBAL, J. - (1.) HEARD Mr. M.M. Banerjee, learned counsel appearing for the petitioner, Mr. M.S. Anwar, learned counsel appearing for the University and Mrs. S. Jha and Mr. Manjul Prasad, learned counsel appearing for the respondent No. 5 and the State.
(2.) THE petitioners who are the students of Bokaro Institute of Technology filed this writ application seeking issuance of a writ of mandamus directing the respondents to hold 1st year examination in BSE engineering course or adjust the petitioners to some other recognized engineering institute in the State of Jharkhand and also for payment of compensation for the loss sustained by the petitioners. The petitioners appeared in the Entrance examination conducted by the respondents for 1997 - 98 and 1998 -99 batches and upon their success they were admitted in the said institute in Computer, Electronic, and Electrical branches. The petitioners case is that respondents No. 3 and 4 namely Vinoba Bhave University (in Short -University) and All India Council for Technical Education (in short -AICTE) granted temporary affiliation and recognition to the said college for the batches from 1993 -94 to 1998 -99. In 1994 the expert committee constituted by AICTE recommended permanent approval to the said college. It is contended that the University is bound to hold 1st year examination.
(3.) MR . M.M. Banerjee, learned counsel appearing on behalf of the petitioner drawn my attention to the counter affidavit filed by respondent No. 5 AICTE and submitted that it is the admitted case of AICTE that it accorded conditional approval to the college for the academic session 1993 -94 and 1994 -95 subject to certain specific and general conditions and thereby granted legitimacy to the batch admitted in 1992. The approval was granted by AICTE on the basis of report submitted by inspecting team. It is further contended that the respondent -University affiliated the institute from 1993 to 1998 by granting temporary affiliation. Learned counsel further submitted that the Supreme Court has not restrained the University from holding examination. On the other hand Mrs. S. Jha, learned counsel appearing for AICTE submitted the AICTE has no objection for holding examination of the students admitted for the batch 1992 -93.;