JUDGMENT
Nagendra Prasad Singh and Surendra Narain Jha, JJ.
1. This Writ Application has been filed on behalf of the petitioners for a writ of mandamus on the respondents State of Bihar, Lalit Naraia Mithila Universityiand the Bihar Intermediate Education Council to grant affiliation to Maharaj Laxmishwar Singh Memorial College Darbhanga upto Degree level.
2. According to the petitioners, the aforesaid college was started in the town of Daibhanga and is being managed by an ad hoc committee. On 5.11.1979 the Convener addressed a letter to the Registrar of the Lalit Narain Mithila University, Darbhanga (hereinafter to be referred to as ‘the University) making a request for grant of affiliation to the college in question. For that purpose inspection fee etc., were also deposited. The University appointed an inspection committee which inspected the college on 31.1,1980 and submitted a report on 3.4.1980. It has been stated that the committee, after inspection, recommended that the college be granted temporary affiliation for a period of two years up to B.A., B. Sc. and B. Com. level from 1979-80. The subjects in which affiliation was recommended were also mentioned According to the petitioners, the Syndicate of the respondent-University resolved that the college be granted affiliation up to B.A., B. Sc. and B. Com. levels in Arts, Science and Commerce subjects for two years on the conditions laid down by the inspection team. However, by a letter dated 9.1.1981 the Registrar of the University informed the Secretary of the college that the University has received a direction from the State Government that affiliation should not be granted to the college in question. In that very letter the State Government had also advised the University to direct the college in question to seek affiliation upto Intermediate level if they so desire from the Bihar Intermediate Education Council (hereinafter to be referred to as ‘the Council’). While the question of affiliation was under consideration, by order of the Chancellor students of the said college appeared at the Intermediate examination as well as B.A., B.Sc and B.Com. examinations. Thereafter, the present writ application was filed for the reliefs mentioned above.
3. No counter-affidavit has been filed on behalf of the respondents. Learned Advocate-General appeared on behalf of the respondent-State and the Council. On behalf of the State learned Advocate General informed the Court that by letter dated 19.2.1983 bearing No. 165 addressed to the Registrar of the respondent University the State Government has approved that the temporary affiliation be granted to the college in respect of Degree course in Arts in the subjects mentioned in that letter. It was further stated on behalf of the State that if the petitioners comply with the requirements for affiliation in B. Sc. and B. Com. degrees then the State Government shall advise to the University for granting affiliation even in respect of those Degrees and that question is under consideration of the State Government and the University.
4. In respect of the affiliation up to Intermediate stage, it was pointed out that after coming into force of the Bihar Intermediate Education Council Ordinance, the State Government or the respondent-University is not concerned with the question of affiliation. The question of affiliation upto Intermediate standard has to be considered by the aforesaid Council which is an authority constituted under that Ordinance. In this connection our attention was drawn to Section 14(1)(Kha) and Section 36 of the Bihar Intermediate Education Council Ordinance, 1983 (Ordinance No. 1 of 1983) This Ordinance was first promulgated in the year 1979 and since then it is being replaced by subsequent Ordinances. At present the aforesaid Ordinance No. 1 of 1983 is in force In view of Section 14(1)(Kha) the Council has the power to grant recognition up to Intermediate standard on being satisfied that the conditions for such recognition have been fulfilled by the Institution concerned. Section 36 clarities that for purpose of that Ordinance Intermediate classes being held in any Government college belonging or college to the university, the classes up to the Intermediate standard in such colleges shall be deemed to be educational institutions up to the Intermediate standard. In other words, in view of Section 36 in any degree college whether owned or maintained by the State Government or any University, affiliated to some University, up to Intermediate standard it shall be governed by the provisions of the Ordinance and the Council constituted under that Ordinance shall have the right to recognise that institution up to Intermediate standard. The Council shall have also control over institutions up to Intermediate standard or deemed to be up to Intermediate standard in accordance with the provisions of the Ordinance and the Rules framed therein. In our opinion, in view of the aforesaid provisions, learned Advocate General appears to be right that neither the State Government nor the University is concerned with the recognition or affiliation of any Intermediate college or any Degree college so far as teaching up to Intermediate stage is concerned. In such a situation, there is no question of issuing writ of mandamus on the respondent State or the University to consider the question of recognition so far as the Intermediate stage of the college is concerned. For the purpose of recognition, they have to approach, the Council.
5. It was then submitted on behalf of the petitioners that in the facts and circumstances of the present case it is difficult for the college while applying for recognition to the Council to give an undertaking as required by Rule 4(q) or, the Bihar Intermediate Education Council Rules, 1981, framed under the: Ordinance aforesaid (hereinafter to be referred to as ‘the Rule) Rule 4 contains the provision in respect of making application for recognition of an educational institution as an Intermediate College. It also gives the details of the conditions which have to be fulfilled by the educational institutions seeking recognition from the Council.
6. Rule 4(q) of the Rules is as follows:
that the institution shall also send along with the application an attested copy of a resolution of the Organising Committee/Managing Committee to the effect that they undertake not to open degree classes in the college.
On a plain reading, Rule 4(q) gives an impression that the educational institution which seeks recognition has to give an undertaking not to open degree classes in the college. As a first impression it cannot be held to be a reasonable restriction on the educational institutions seeking recognition. It is well known that any institution which starts as an Intermediate college has a right in due course to develop that institution into a degree college as well as Postgraduate institution or Research institution. Learned Advocate General having consulted the Education Commissioner, Bihar has produced a letter addressed to him by the Education Commissioner, Bihar in which about the said Rule 4(q) it has been stated as follows:
if the same managing committee sets up and manages an Inter College and a Degree College separately distinct from one another with separate infrastructure prescribed in the terms of affiliation then the Council/Government will have no hesitation in granting affiliation to them separately for Inter and Degree. This being the policy Council/Government will have no difficulty in making any clarification in the rule or in the proforma to make it clear and unambiguous.
In other words, according to the State of Bihar and the Council for whom the learned Advocate General has appeared, the provision of Rule 4(q) does not intend to restrict the expansion of the Intermediate College which is seeking recognition but it only wants to ensure that if the managing committee/governing body of such institution later decides to start a degree college or Postgraduate classes they must fulfil the conditions laid down for starting a degree college or a Postgraduate institution separately.
7. In view of the aforesaid stand on behalf of the respondents, we do not consider it necessary to declare Sub-rule (q) of Rule 4 of the Rules Invalid specially when an undertaking has been given on behalf of the State and the Council that Sub-rule (q) of Rule 4 shall be suitably amended so as to express the real intention of the rule.
8. In view of the aforesaid position, while applying for the recognition before the Council the petitioners need not be apprehensive that they shall be compelled to give an undertaking saying that they will not open Degree classes in the college.
9. So far as the question of issuing a writ of mandamus on the respondents State and the University for granting affiliation to B. Sc. and B. Com. degrees is concerned, in view of the stand taken on behalf of the State and the University that the said matter is under active consideration and no sooner the petitioners satisfy that they fulfil the conditions for grant of the necessary affiliation even in respect thereof, the State and the University shall grant the necessary affiliation, there is no necessity of issuing any direction for the present. The petitioners have asserted that they have fulfilled the necessary conditions. It is expected that the assertion made on behalf of the petitioners shall be examined by the respondent-State and the University and final decision shall be taken, preferably within three months.
10. This writ application is, accordingly, disposed of. There will be no order as to costs.
