Loyola College Of Education Jamshedpur vs Kolhan University And Ors

This writ petition is against the order dated 20.11.2018 passed by the Registrar, Kolhan University, as contained in Annxure-7, whereby and whereunder the provision sought for appointment of Principal of the petitioner-College has been refused by the Registrar of the University on the ground that the institution has not yet been granted the status of the minority institution and the request for the same is under process at the Directorate of Higher Education, Department of Higher Technical Education and Skill Development, Jharkhand and as such any appointment to the post of Principal and other academic staffs can only be processed through a duly constituted selection committee comprising of the University representative and other members.

Learned counsel for the petitioner has submitted that since the petitioner institution has got recognition by the National Commission for Minority Educational Institutions, therefore, there is no requirement to get approval of the State Government a ground having been raised in the impugned order and as such the same is not sustainable in the eye of law.

Mr. A.K. Singh, learned counsel for the University has submitted that the question of giving status of Minority Institution by the National Commission for Minority Educational Institution is something different to getting approval of an institution of like nature by the State Government and it is only thereafter the question of appointment, subject to the sanctioned post and subject to the appointment to be made after following due procedure as laid down under the rule, the question of according approval by the University would come but here in the instant case since the institution itself has not been approved by the competent authority by the State Government rather the issue for approving the said institution is lying pending before the Directorate of Higher Education, Department of Higher Technical Education and Skill Development, Jharkhand, therefore, the Registrar has taken correct decision in denying the claim of the petitioner and as such the same need not to be interfered with.

Having heard learned counsel for the parties and after appreciation of their rival submissions, it is evident from the material available on record that the petitioner-institution have got recognition to run a minority institution by the National Commission for Minority Educational Institution and since the same is coming under the purview of Section 2(g) of the National Commission for Minority Educational Act, 2004, the question of establishing an institution in the nature of minority institution is upon the National Commission for Minority Educational Institution but after the institution having been declared to be minority it ought to be dealt with under the Jharkhand State University Act, 2000 and as per the provision of Section 57A, such institution is to be approved by the State Government then the post is to be sanctioned and thereafter the selection of the teaching/non-teaching employees of such type of institution is to be made through the duly constituted selection committee and as per the provision of Section 57A, Jharkhand State Universities (Amendment) Act 2018, the appointment is to be made through Jharkhand Public Service Commission, but herein petitioner-minority institution has not yet been approved by the competent authority of the State Government rather the said process is lying pending before the Directorate of Higher Education, Department of Higher Technical Education and Skill Development, Jharkhand, and therefore, the question of approving the appointment of Principal by the functionary of the Kolhan University does not arise at this stage.

In view thereof, the decision as has been taken by the Registrar, Kolhan University suffers from no infirmity, hence the writ petition fails and is hereby dismissed.

However, it is open to the petitioner-institution to pursue the issue pertaining to approval of the institution, which is lying pending before the Directorate of Higher Education, Department of Higher Technical Education and Skill Development, Jharkhand.