Dismissed

Babita Kumari v. Chief Secretory

Jharkhand HC1 Jul 2014WPC/4837/2012

Case brief

AI extract

What is this about?

This judgment dismissed a writ petition challenging the refusal of Ranchi University to publish the petitioner's examination results. The petitioner, admitted via a 'Sahitya Alankar' certificate not recognized as a university degree, had her admission contested at the registration stage, leading to the dismissal of her plea to publish results.

What did the court decide?

Petition dismissed; direction to publish results refused.

Babita Kumari Vs Chief Secretory — Education and Admissions | Jharkhand HC (2014)

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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W. P. (C) No. 4837 of 2012

Babita Kumari

..... Petitioner(s)

Versus

1.The State of Jharkhand through the Chief Secretary

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Government of Jharkhand, Ranchi

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2The Secretary, Education Department,

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Government of Jharkhand, Ranchi.

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3.The Vice Chancellor,

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Ranchi University, Ranchi.

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4.The Controller of Examination,

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Ranchi University, Ranchi …. Opp. Party(s)

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CORAM: HON’BLE MR. JUSTICE R. R. PRASAD

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For the Petitioner(s) : M/s K. P. Deo, G. M . Singh, Warda Khan, A. Kumar, Advocates. For the State : Mr. Abhay Kr. Mishra, Advocate For the Ranchi University : Mr. Anoop Kr. Mehta, Advocate. -----

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12 /01.07.2014. Heard the parties.

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Learned counsel appearing for the petitioner submits that the petitioner took admission in the Course of 'Bachelor of Journalism and Mass Communication' for the Session 2011-12. After the petitioner took admission, she was allowed to complete her courses. When final examination was notified to be held, applications were submitted by the students of the college including the petitioner for their registration with the University. At that point of time, the University raised objection with respect to admission of the petitioner in the course on the premise that she never possessed no degree of University rather she was having certificate of 'Sahitya Alankar' from Hindi Vidyapeeth, Deoghar which is not a University either in terms of Section 2(f) or Section 3 of the University Grants Commission Act or under the definition of the University as postulated under the Universities Act.

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Being aggrieved with that refusal of registration, the petitioner moved to this Court and this Court vide order dated 28.08.2012 allowed the petitioner to take examination. However, the publication of the result was made subject to the result of the Writ Petition.

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Mr. Deo, learned counsel appearing for the petitioner submits that the certificate of 'Sahitya Alankar' as per the directives issued by the State Government is equivalent to a Bachelor's Degree and, therefore, the petitioner was allowed to be admitted in the course of 'Bachelor of Journalism and Mass Communication'. Only at the fag

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-2[ W. P. (C) No. 4837 of 2012]

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end of the Session, objection was taken by the University that she was not eligible to be admitted in the course and, therefore, under the circumstances when there was no mis-representation on the part of the petitioner either before the authority of the College or the authority of the University, any objection relating to admission on the part of the University would be unwarranted and unconstitutional and hence, the University now be directed to publish the result of the petitioner.

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As against this, Mr. A. K. Mehta, learned counsel appearing for the University submits that under the Prospectus of the course, one needs to be admitted in the course if he /she does have a degree of the University. But the petitioner was not having any degree granted by any University rather is a certificate holder of 'Sahitya Alankar' which has been declared by the State to be equivalent to the Bachelor's degree but it has never been recognized by the University as degree which would be evident from the Circular issued by the Human Resources Development Department, Government of Jharkhand, Ranchi wherein it had been shown that Hindi Vidyapith, Deoghar does not have status of University.

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Under the circumstances, when such prescription was there that a candidate having degree of any recognized University would be admitted in Journalism and Mass Communication Course. Any person not having degree of a recognized University was not entitled to be admitted in the course of Journalism and Mass Communication.

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It is true that the College who allowed the petitioner to pursue her studies admitted her in the course though she was not having degree of any recognized University, but as soon as the University came to know particularly at the time of registration that the petitioner does not have degree from any recognized University, the University did not allow the petitioner to take examination. However, under the order of this Court, the petitioner was allowed to take examination, but that will not give any right to the petitioner for further direction of publication of result as the petitioner was not having a decree by any recognized University.

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At this stage, I may refer to a decision as has been referred to on behalf of the petitioner rendered in the case of Shiv Bahadur Singh vs. Ranchi University and Ors., reported in 2001 [49] BLJR 1613

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-3[ W. P. (C) No. 4837 of 2012]

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wherein Their Lordships allowed the petitioner to take examination even though he was not entitled to be admitted in L.L.B. Course as he was not having any degree rather he was having a certificate of 'Sahitya Alankar' which was equivalent to Bachelor's degree, but in that case the University took a decision only on 06.03.2000 not to recognize the 'Sahitya Alankar' as equivalent to Bachelor's degree granted by any University, but the petitioner of that case had been admitted before that cut off date i.e. 06.03.2000. Not only that in that case the petitioner's candidature was not only accepted by the College but also by the University as Registration had been granted to the petitioner by the University authorities.

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Here in the instant case, as I stated earlier that one is required to be admitted in the 'Bachelor's course of Journalism and Mass Communication' if she/ he does have Bachelor's degree recognized by a University. Hindi Vidyapeeth, Deoghar who has granted certificate of 'Sahitya Alankar' to the petitioner never assumes status of University in terms of Sections 2(f) and 3 of the Universities Grants Commission Act and also under the provisions of the Universities Act.

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Under the circumstances, the petitioner does not deserve any relief sought for, in this Writ Petition and accordingly, this petition stands dismissed.

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(R. R. Prasad, J.)

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Sandeep/

Babita Kumari v. Chief Secretory

Case brief

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Babita Kumari v. Chief Secretory

Case brief

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