IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No 7237 of 1999
PARVATI KUMARI & ORS
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No 13136 of 2001
PARVATI KUMARI & ORS
Versus
STATE OF BIHAR & ORS
WITH
CWJC No 10437 of 2002
PARVATI KUMARI & ORS
Versus
THE STATE OF BIHAR & ORS
-----------
12 28.09.2010 Perused the order dated 11.05.2010 passed in this case.
Pursuant to notices issued and published, there does not appear to be any
application, objecting or claiming similar relief, filed.
The question that arises in this case is simple and
straightforward but the issues are vexed. Petitioner-College was
established in 1980 as an Intermediate College exclusively for women.
This was considering the fact that in rural Bihar, people were still
reluctant to let girls go for education in co-educational institutions and in
absence thereof, large majority would remain uneducated and, thus,
unempowered. In 1982, the said College got affiliation from the Bihar
State Intermediate Education Council, Patna up to Intermediate standard
in various subjects. Being exclusively Women’s Intermediate College
and there being none other in the subdivision, it had good students
enrolment. In fact, under the Tilka Manjhi Bhagalpur University at that
time, there were only a very few Women’s College, only a couple of them
constituent, the rest about four or five affiliated. Encouraged by the
number of students and their demand for such an institution, affiliation
2
was sought for and pursuant to Government approval, Tilka Manjhi
Bhagalpur University granted affiliation upto degree level education in
December, 1982. Considering the students and the need from time to
time, University extended the affiliation to more and more subjects with
approval of the State Government. With the extended students’ burden
and restricted admission fee, the Institution was suffering because it could
not even dream of meeting its ends financially. In 1985, State
Government sought information from all Universities with regard to 15
affiliated exclusively Women’s College for the purposes of granting them
the status of deficit grant College. This was consistent with the State
policy of empowerment of women. Even though there were
recommendations, instead of deficit grant, an annual grant of a small
amount of Rs 5 lacs annually was made to the College which was started
in 1986. Subsequently it was, in the year 1988, increased to Rs 10 lacs
per annum which were again grossly insufficient to meet the
establishment expense itself. There were repeated requests to grant the
status of deficit grant College but nothing came about it. In between, the
Government took a decision to provide free College education to women
under which substantial funds were made available to the College so that
they were not required to charge fee and other charges from girl students.
Then came the change in Governments and from 1997 onwards, the
College has faced nightmares. First, the annual recurring grant was
reduced to Rs 5 lacs which was immediately, within months, totally
withdrawn. That was followed by withdrawal of free education to
women. It is in this perspective, this writ petition has been filed. It is,
3
thus, necessary for the State to disclose the following :
“What had been the policy of the
State in declaring a College or an Institution to
be deficit grant? Similarly, what was the
policy for treating a College or Institution as
grant-in-aid? What was the policy in
converting a College into a Constituent
College? Why this College, which was the only
exclusively Women’s College, left out at
different times? It must now disclose which
are the Colleges which are deficit grant
Colleges, which are Colleges which are grant-
in-aid Colleges and why and why is the present
College not entitled to either deficit grant
College or being converted into a Constituent
College? Whether State, as a matter of policy,
wants to encourage empowerment of women or
ignore the same?”
Let the Principal Secretary, Department of Higher
Education, Government of Bihar, Patna file a detailed affidavit in this
regard so as to facilitate disposal of this case. The affidavit must be filed
with clarity within two weeks.
Put up as a part heard matter on 26th of October, 2010.
M.E.H./ (Navaniti Prasad Singh)