JUDGEMENT
P.K.BALASUBRAMANYAN, J. -
(1.) ON 13.4.2001, in L.P.A. No. 349 of 2000, this Court held that there was no reason to interfere with the direction of the learned Single Judge directing the appellants to move the State
Government for granting affiliation to the commerce faculty of the college. But their Lordships
added that the college must move for grant of affiliation before the University concerned with the
requisite inspection fee within one month and the University, in its turn, after examining all the pros
and cons, must forward its recommendations to the State Government within four months
thereafter and the State Government was to take a final decision within two months thereafter.
The Contempt of Court case was filed on the allegation that the directions had not been complied
with by the respondents, though the college had made the necessary application accompanied by
a certified copy of the concerned judgment. Though belatedly, the recognition has not been
granted and in that context contempt can be said to arise only because of the delay in dealing with
the application made by the college.
(2.) BUT during the course of this proceeding, a shocking fact was revealed. It was the fact that the Universities ' in this State are permitting students of unaf -filiated colleges and/or unrecognised
courses, to take the examinations conducted by the Universities along with the students of
affiliated colleges imparting education in recognised courses. The College of the petitioners was
one such. Even according to the petitioners, the commerce faculty of the college did not have an
affiliation or recognition. But, it was claimed by the petitioners that their college was admitting
students to commerce graduate course and was presenting those students for examinations and
they were being permitted to take the examination as if there was no difference between an
affiliated college or recognised course and a non -affiliated college or non -recognised course. On
this, we thought that the relevant information must be called for from the University. During the
course of the arguments, it also transpired that not only the Ranchi University, but also the other
universities are following this unauthorised course. Since this was an unheard of or unimaginable
situation, we issued notices to Ranchi university to explain to us in what circumstances the
students of the college in question were permitted to take the B.Com. Examinations, when the
course remained unsanctioned. No satisfactory explanation could be provided by the Ranchi
University, except saying that this was going on for some time. But we felt so disturbed that the
Universities were acting so irresponsibly that they were not even ensuring that the relevant
University laws are implemented properly, that we passed an order directing the Ranchi University,
the Vinoba Bhave University and the Siddhu Kanu University and the Vice Chancellors not to
permit students of any unaffiliated college or unrecognised course in an affiliated college, to take
the university examinations along with the students of recognised courses in an affiliated college. It
is now submitted that this direction is being implemented. Only this order has thus brought to an
end this unauthorised practice indulged in by the universities and the colleges that were within the
jurisdiction of these three universities.
It appears to us that the universities are bound to follow the Universities Act, the various Regulations and the Statutes brought out to regulate the colleges, their affiliation to the
universities, their recognition and their working. During the course of the arguments, it was
submitted that the Ranchi University was a well -known centre for learning. It was also revealed
that the petition has now changed and the students coming out of the colleges affiliated to that
University are not looked up to elsewhere and are even looked down upon by others and by the
other States. One would have thought that those entrusted with the affairs of the universities
would realise the importance of keeping up the standards earlier set by the universities in the
matter of imparting education. That the persons at the helm seem to have forgotten this and had
apparently indulged in encouraging improprieties and had connived at illegalities and irregularities,
has really shocked the conscience of this Court. Were the universities selling education or were
they regulating the imparting of education in the State and trying to improve the standards of
education in the State? None of the universities could give satisfactory answer as to how this
shocking state of affairs came into being.
(3.) THE Universities have now informed us that they have now directed to strictly implement the Rules, Regulations and the statutes regarding affiliation of colleges and recognition of courses and
they have directed the colleges not to admit students to courses not recognised or approved by
the universities and by the Government. One is tempted to thank the universities for small mercies,
but we do trust that the universities would at least now recognise the discredit they have brought
to themselves and the need to check the lowering of standards of education in this State. That
none of the Vice Chancellors even bothered to look into these aspects and take action, corrective
action before, is another story.;
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