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High CourtsDivision Bench(2002) 12 PAT CK 0023

Keshay Kumar Daruka vs T.M. Bhagalpur University and Others

Patna High Court · Decided on 4 December 2002 · Citation: (2003) 1 PLJR 555

HON’BLE JUDGES
Ravi S. Dhavan, C.J · R.N. Prasad, J
RESULT
Dismissed
CASE NUMBER
L.P.A. No. 1242 of 2002

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Judgment

7 paragraphs · 332 words
1.

This letters patent appeal has been filed against the order dated 30th October, 2002 on three writ petitions (CWJC No. 14103/2001, CWJC No. 4368/2002 and CWJC No. 9332/2002). The Appellant had filed CWJC No. 9332 of 2002: Keshav Kumar Daruka v. Tilka Manjhi Bhagalpur University and Ors.

2.

In a considered judgment after exchange of pleadings one thing is on record that notwithstanding the fact that the Appellant might have received admission at a college known as Mahadeo Singh Law College, Bhagalpur, this institution had not received affiliation from the State Government. This aspect is to be noticed from an affirmative statements which have been made in paragraphs 11 and 12 of the counter affidavit. The Petitioner-Appellant did not reply to this counter affidavit filed by the University.

3.

The contention of the Appellant is that affiliation or no affiliation he was admitted to courses by the college and now that he has cleared certain courses his result be declared.

4.

In a State where matter relating to recognition and affiliation of educational institutions has virtually become rampant so as to take the form of racketeering in education, the High Court has to guard itseif in the matter relating to granting reliefs particularly reliefs seeking declaration of result of an examination without looking into the factors jwhether the institution is recognized or not or has been granted affiliation cr denied. No writ of mandamus can be issued in such cases in isolation that a result be declared without a writ of certiorari to examine whether the institution is recognized or affiliated. Otherwise, the High Court will be contributing to irregular and illegal degrees.

5.

In the circumstances, the learned judge has committed no error in denying the relief of declaration of result in the face of facts that the ''institution where the Appellant took admission had not been granted affiliation.

6.

The Court is not inclined to inter-fere with the order of the learned Judge on the writ petition.

7.

Dismissed.