S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by the petitioner Alice Education Trust, which runs an institute, known as "Alice Institute of Technology, Angara, District -Ranchi (Jharkhand)" -hereinafter to be referred as the Institute ', to set aside the order, contained in Ref. No. Perm/69 -73 dated 7th June, 2005, issued by the Ranchi University, Ranchi, whereby and whereunder, the registration in regard to 22 students, admitted in the Institute for the session 2003 -2007 in the 1st Year Engineering Programme, has been kept in abeyance till the clearance is obtained from the State. So far as other 44 students, admitted in the Institution in 1st Year Engineering Programme, during the said session 2003 -2007 on the recommendation of Jharkhand Combined Entrance Competitive Examination Board (hereinafter to be referred as 'J.C.E.C.E.B. ') are concerned, their registration have been allowed, as detailed in the enclosure, attached to the said letter dated 7th June, 2005. Further prayer has been made to direct the University to register 22 students of the petitioner -Institution, whose cases have been kept in abeyance on the purported ground of clearance by the State of Jharkhand.
(2.) AS the examination was scheduled to start, by interim order dated 1st July, 2005 this Court directed the respondents to issue examination forms in favour of the Institute for appearance of rest of the 22 students of 1st year, whose registrations were kept in abeyance by the impugned letter dated 7th June, 2005. They were also directed to accept the fees and forms of said 22 students for registration, if the Institute so deposits, subject to the decision of this case. The University and the State of Jharkhand were also directed to file affidavits and state whether the petitioner 'sInstitute is recognized by All India Council for Technical Education, New Delhi (hereinafter to be referred as 'A.I.C.T.E, '), affiliated by the University and approved by the State Government. On 6th July, 2005 the University was also directed to accept examination fees and forms of all the students, maximum limit up to 60 students for each faculty and to allow them to appear at the forthcoming 1st year examination, including the said 22 candidates, whose registrations were kept in abeyance, subject to the decision of the case. Affidavits have been filed by the parties and as the results of other students are to be published and those, who may fail, may have to appear in the forthcoming supplementary examination/special examination, on the request of the parties, the case was heard for final disposal.
(3.) THE case of the petitioner is that for establishment of the institute, it asked for 'No Objection Certificate ' from the State Government; affiliation from the Ranchi University, Ranchi and for approval from All India Council for Technical Education, New Delhi. The State of Jharkhand from its Science & Technology Department granted 'No Objection Certificate for establishment of a Technical Institute for engineering studies in the name and style of 'Alice Institute of Technology ' vide letter dated 14th November, 2002. The AICTE also granted approval for establishment of the petitioner 'sinstitute for academic year 2003 -2004 by letters dated 12th June, 2003, allowing annual Intec of sixty students each for the three faculties for full time courses and thereby total 180 students were allowed to be admitted. So far as affiliation by Ranchi University is concerned, the matter remained pending.;