MADAN KUMAR AND RAJ KUMAR SAHU Vs. STATE OF JHARKHAND
LAWS(JHAR)-2008-6-54
HIGH COURT OF JHARKHAND
Decided on June 23,2008

Madan Kumar And Raj Kumar Sahu Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) PETITIONERS have invoked the writ jurisdiction of this Court under Public Interest Litigation for issuance of a writ in the nature of mandamus commanding upon the respondents to hold inquiry with regard to the admission of the students in B.Ed. course in different colleges of Ranchi University in violation and disregard of the established selection processes and Rules for the academic session 2006 -07.
(2.) PETITIONERS had applied for admission in B.Ed. course in Ranchi University for the academic session 2006 -07 by fulfilling eligibility and criteria required for such admission. Petitioner No. 1 claimed having equal point to the other selected students but his case was not considered for admission in the B.Ed. course. Similarly, petitioner No. 2 had higher points but his case was also not considered though, the students having lower points were selected which caused irreparable loss and injury to the petitioners. Having come to know about the irregularities in the admission process for the B.Ed. course in Ranchi University, they sought for information under the R.T.I. Act, 2005 but no information as required could be supplied to them by the respondents. However, on the application to the 2 nd appellate authority under the R.T.I. Act, the information that was supplied to them was not found satisfactory and evasive answer was given. Yet, authorities took eight months in supplying the required information and by that time the academic session 2006 -07 ended. In that manner, respondents prevented the petitioners from taking admission as alleged so that they could make admission of other students illegally in the B.Ed. course. It is further added that the respondents committed gross irregularity and illegality by allowing such students admitted in B.Ed. course in getting their transfer from one college to another in utter violation of the rules as framed by the University and that the B.Ed. course for the session 2006 -07 concluded only within two months as against composite one year course though the Ranchi University, being the creation under the statute and controlled by the respondent Nos. 2 and 3 cannot be permitted for illegality and irregularity in the admission matter beyond the four corners of the rules, the learned Counsel added.
(3.) RESPONDENT Nos. 2 and 3 by filing counter -affidavit stated that the B.Ed. course under Self Financing Scheme was being conducted in ten constituent colleges of the Ranchi University since 2005 -06. All these ten constituent colleges were recognized by the National Council for Teachers Education (NCTE in short). Admissions to the B.Ed. courses for the academic session 2005 -06 were decentralized and the constituent colleges were taking admissions on their own. However, for the academic session 2006 -07, though admissions in B.Ed. course were centralized. Yet, again for the academic session 2007 -08, the admissions have been decentralized.;


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