ST. VINCENT PALLOTI COLLEGE AND NIRMAL VICE PROVICE OF JAGDALPUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE above writ petitions are being disposed of by this common order as the question of law involved in both these petitions is common. However, for the purpose of this order facts, as mentioned in W.P. (C) No. 831/08 are being referred. THE petitioner college, which is an unaided college and recognized as minority institution by the State Minority Commission, is affiliated to respondent No. 2-University. Respondent No. 2-University is established under the provisions of M.P. Vishwa Vidhyalay Adhiniyam, 1973 (for short 'the Adhiniyam') and it is also a recognized University under the University Grants Commission. Respondent No. 2 exercising the powers under the Adhiniyam has framed Statute-28, College Code. Case of the petitioner is that provisions of the Statute-28, which are inconsistent with the rights created in favour of the minority institutions, cannot be enforced as against the minority institutions.

(2.) RESPONDENT No. 2-University in the purported exercise of powers conferred under Statute-28 directed the petitioner college to furnish details of meetings of the governing body including the number of meetings in which nominees of the respondent No. 2-University participated. It was further directed that provisions of Statute-28 are to be complied with by 9-10-2006 and details of appointment of the Principal and teachers were sought along with details of their salaries. By another internal communication dated 19-6-2007 (Annexure P-8) mentioning therein that if the teachers have not been appointed in accordance with the provisions of Statute-28, in such affiliated colleges admissions for the academic year 2007-08 have been prohibited and accordingly, the petitioner college was directed not to give admissions to the students in the first year of B.B.A. course. The petitioner college vide Annexure P-11 was further directed to make appointments in accordance with the Statute-28. The above directions were further reiterated vide Annexures P-12 and P-13 and the petitioner college was informed that in view of the ban imposed on the college for granting admissions to the students in the first year of B.B.A. course, the nomination forms of the students, who have been admitted, shall not be accepted and they shall not be allowed to appear in the examination. RESPONDENT No. 2-University further directed the petitioner college not to forward examination forms of the students admitted in the college, as the University had imposed ban on admission. RESPONDENT No. 2-University vide notice dated 4-1 -2008 (Annexure P-19) called upon the petitioner that despite ban on admission to first year of B.B .A. course in the college, the petitioner college violating the orders of the University, gave admissions to the students to the first year and also permitted them to fill-in the examination forms, therefore, why legal action should not be taken against it and three days' time was allowed to reply. However, without waiting for reply, the respondent No. 2-University cancelled the examination of the students of the petitioner college who appeared in the English paper of first semester of B.A. course on the same day and they were further restrained from appearing in future examination vide Annexure P-20.

(3.) BY a writ of mandamus or BY a suitable, writ, order or direction, respondent No. 2-University be directed to consider the admissions of first year M.A., M.Com., B.Com.)B.Sc.,B.B.A.,B.C.A. students made in petitioner college in the academic year 2007-08 to be valid admissions and to grant enrolment numbers to the students and to permit them to appear for respective examinations as bona fide students of the petitioner college.