Judgment:
ORDER
M.Y. Eqbal, J.
1. The controversy in the present case is whether the petitioner after having passed LL.B. parts I, II and III examinations is entitled to LL.B. degree and whether the respondent-Ranchi University is justified in taking a contrary decision in the matter of grant of LL.B. degree to the petitioner.
2. Petitioner's case is that he passed High School examination and Intermediate (Standard XIIth) examination from Intermediate Education Council, U.P. Thereafter, in the year, 1994 the petitioner passed 'Sahityalankar' examination in English from Hindi Vidyapeeth Deoghar (Bihar) and was duly granted 'Sahityalankar' certificate. In 1996 he applied for getting admission in LL.B. degree course as a regular student in Jamshedpur Co-operative College. Jamshedpur and duly disclosed his 'Sahityalankar'degree granted by Hindi Vidyapeeth, Deoghar as equivalent to B.A. The petitioner was admitted as a regular student of LL.B. course in the said college, Jamshedpur. The petitioner along with the others applied for registration before the Vice-Chancellor, Ranchi University after disclosing all his educational qualifications. The application was duly forwarded by the Principal of the college. The petitioner was granted registration by Ranchi University for being enrolled in LL.B. course of Ranchi University for the Sessions, 1995-98. Petitioner's further case is that he duly attended the law college as a regular student and passed all the three parts of examination conducted by the Ranchi University. The petitioner was also granted mark-sheet and college leaving certificate on 24.2.1999 certifying that the petitioner passed law examination from Ranchi University. Thereafter, the petitioner applied for grant of provisional certificate of LL.B. examination before the University-authorities and also deposited requisite fees for issuance of provisional certificate. The petitioner then made several requests for grant of provisional certificate of LL.B. degree but the University sat tight over the matter and hence this writ application.
3. A counter-affidavit has been filed on behalf of the Ranch University. It is stated by the University that the matter relating to recognition of 'Sahityalankar' of Hindi Vidyapeeth. Deoghar as equivalent to graduation degree of Ranchi University was the subject-matter of consideration before the Equivalence Committee's meeting held on 6.3.2000 in the office chamber of the Vice Chancellor, Ranchi University. It is stated that after due deliberation the Committee resolved that 'Sahirya Alankar' cannot be treated as equivalent to B.A. degree of Ranchi University. The Equivalence Committee also resolved that the Principal, Cooperative College, Jamshedpur be asked to furnish the details regarding the admission of the petitioner in LL.B. course and also to clarify that under what circumstance admission of the petitioner has been taken in LL.B. course since 'Sahitya Alankar' of Hindi Vidyapeeth, Deoghar is not recognised by Ranchi University. Respondent No. 4, the principal of the college who is also the Dean of Faculty of law, vide his letter dated 24.1.2001 replied to the queries made by the University by submitting that the Bihar Government vide its notification dated15.1.1991 has treated 'Vidya Alankar' equivalent to Bachelor of Arts provided the candidate had passed the same with English. He further stated that under the aforesaid notification he believed that the petitioner is a graduate and hence directed the petitioner to be admitted in LL.B. course. It is further stated in the counter-affidavit that the matter relating to grant of degree to the petitioner was once again placed before the Examination Board of Ranchi University for consideration and after due deliberation the Board resolved that in the light of the decision of the Equivalence Committee degree of LL.B. examination cannot be issued to the petitioner.
4. I have heard Mr. A.K. Sinha, learned Sr. Advocate appearing on behalf of the petitioner and Mr. A.K. Mehta for the Ranchi University.
5. From perusal of the writ application and the counter-affidavit and also on hearing the submissions of the learned counsels, the following admitted facts emerge in this case :--
(i) Jamshedpur Co-operative College is the constituent college of Ranchi University.
(ii) State of Bihar, vide notification dated 15.1.1991 recognised 'Sahitya Alankar' (with English) granted by Hindi Vidyapeeth, Deoghar as equivalent to B.A.
(iii) The petitioner passed Sahitya Alankar examination with English from Hindi Vidyapeeth, Deoghar.
(iv) The petitioner applied before Head of Dean of Faculty of law who is also the incharge of the college, for getting admission in LL.B. course as a regular student and duly disclosed his 'Sahitya Alankar' degree granted by Hindi Vidyapeeth. Deoghar and accordingly the petitioner was admitted as a regular student of LL.B. course in the college.
(v) The petitioner applied before the Vice Chancellor, Ranchi University for registration along with migration certificate issued by Hindi Vidyapeeth, Deoghar. The petitioner disclosed his educational qualification and enclosed all the certificates. After verification, the Ranchi University duly granted registration to the petitioner for being enrolled in LL.B. course of Ranchi University.
(vi) The petitioner was issued admit card for appearing in all the LL.B. examinations and after he passed all the three parts of examination, mark-sheets were issued by the Ranchi University. The college also granted college leaving certificate and other certificates certifying that the petitioner passed all the three parts of examination.
5-A. In the background of all these admitted facts the question which arise for consideration is whether the decision of the respondents-University in not granting LL.B. degree to the petitioner is justified. As noticed above, the Co-operative college, Jamshedpur is a constituent college and the Dean of Faculty of law was the incharge of the college at the time when the petitioner took admission. It has not been disputed by the University that for the first time the matter relating to recognition of 'Sahitya Alankar' of Hindi Vidyapeeth. Deoghar as equivalent to graduate degree of Ranchi University came for consideration before the Equivalence Committee's meeting held on 6.3.2000 and in the said meeting the Committee resolved that 'Sahitya Alankar' cannot be treated as equivalent to B.A. degree of Ranchi University. In other words, before 6.3.2000 no decision was ever taken by the Ranchi University to the effect that 'Sahitya Alankar' cannot be treated as equivalent degree of Ranchi University. When the explanation was called by the Ranchi University from the Dean of Faculty of law who is the head of the college, he in his explanation very clearly stated that in view of the notification issued by the Govt. of Bihar, he treated 'Sahitya Alankar' as equivalent to B.A. It is not the case of the University or the college that the petitioner got his admission in the college on misrepresentation of facts or he misled the authorities of the college and the University. The petitioner completed all the three years courses of study in the college and also successfully passed all the three parts examination. Taking into consideration all these facts I am of the opinion that the decision taken by the University not to issued LL.B. degree to the petitioner is wholly arbitrary and unjustified. The decision taken by the Equivalence Committee of the Ranchi University in March. 2000 for not treating 'Sahitya Alankar' as equivalent to B.A. degree, cannot and shall not be given retrospective effect.
6. As noticed above, Ranchi University for the first time took a decision in March, 2000 not to treat 'Sahitya Alankar' as equivalent to B.A. degree. Even assuming that the petitioner was not eligible for admission to law college and was not eligible to appear in the examination, but the blame for his admission must lie more upon the Principal of the college who is the Dean of Faculty of law and the Ranchi University who granted registration certificate because the Principal of the college and the University must have Known that 'Sahitya Alankar' is not equivalent to B.A. degree. On the contrary the college and the University acted upon the notification issued by the Govt. of Bihar and by treating 'Sahitya Alankar' as equivalent to B.A. degree, allowed the petitioner to take admission and complete three years course, in that view of the matter also, the respondents are bound to grant LL.B. degree to the petitioner.
7. A similar question arose before the Supreme Court in the case of Rajesh Kumar Mahto v. Karnataka University and Anr., 1986 (Supp) SCC 741. In that case the question was whether passing two years pre-university examination of Pre-University Board. Bangalore or examination held by any other Board or University recognised as equivalent to it prescribed as eligibility condition for admission to first-year Engineering degree course by Vice Chancellor under the Karnataka University Act, it was alleged that ineligible candidates without having requisite qualification had taken admission. Considering the question their lordships held that the students cannot be punished for the fault of the college and the University.
8. Similar view was also taken in the case of Bhupendrajeet v. Punjab University and Ors., reported in 1989 (11) SLR 372.
9. Having regard to the entire facts and circumstances of the case the decision taken by the respondent-Ranchi University for not granting LL.B. degree to the petitioner cannot be sustained in law.
10. This writ application is, therefore, allowed and the respondents-Ranchi University is directed to immediately and forthwith grant LL.B. degree to the petitioner.
11. Writ petition allowed.