B.S. Inter College, Paton, Palamau having its office at Kuwar Bandh, Baida Kala, Paton v. 1. The State of Jharkhand 2. The Secretary, Department of School Education & Literacy
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 4556 of 2024 B.S. Inter College, Paton, Palamau having its office at Kuwar Bandh, Baida Kala, Paton, P.O.-Baida Kala, P.S.- Paton, District- Palamau through its Principal In-charge- Nikheel Gupta, son of Shyam Sundar Prasad, resident of Village- Baida Kala, Paton, P.O.- Baida Kala, P.S.- Paton, District- Palamau … … Petitioner Versus 1. The State of Jharkhand 2. The Secretary, Department of School Education & Literacy, Government of Jharkhand, Ranchi 3. The Director, Directorate of Secondary Education, Department of School Education & Literacy, Government of Jharkhand, Ranchi 4. The Jharkhand Academic Council, Namkum, Ranchi through its Chairman 5. The Secretary, Jharkhand Academic Council, Namkum, Ranchi 6. The District Education Officer, Palamau …. … Respondents CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner For the State For the Resp.-JAC Order No. 07 : Mr. Ajit Kumar, Sr. Advocate Ms. Aprajita Bhardwaj, Advocate Ms. Tanya Singh, Advocate : Mr. Ashok Kumar Yadav, Sr. S.C.-I Mr. Shray Mishra, A.C. to A.G. : Mr. Richa Sanchita, Advocate Dated: 30.09.2024 The present writ petition has been filed for quashing and setting aside the letter dated 14.12.2023 (Annexure-10 to the writ petition) and the letter dated 28.07.2024 (Annexure-17 to the writ petition) issued by the Secretary, Department of School Education & Literacy, Government of Jharkhand (the respondent no. 2) whereby guidelines/instructions have been issued to all the District Education Officers, Jharkhand/ Jharkhand Academic Council, Ranchi regarding enrolment/admission to be taken in various affiliated Inter Colleges prescribing/restricting number of seats for admission. Further prayer has been made for quashing the letter dated 24.05.2024 (Annexure-
Decision
12 to the writ petition) issued by the Secretary, Jharkhand Academic Council (JAC), Ranchi (the respondent no. 5) to the respondent no. 3 and all other consequential letters/communications through which the respondent-JAC has requested the respondent no. 3 to take decision for prescribing the number of seats with respect to taking admission in affiliated Inter Colleges, the power of which is vested specifically with the respondent-JAC. The petitioner has also prayed for directing the respondent-JAC to take a decision with regard to letter no. 921 dated 14.06.2024 issued by the Deputy Commissioner, Palamu whereby a recommendation has been made to the respondent- JAC to increase additional seats equivalent to seven sections (01 section = 128 seats) in Science Stream and one section in Arts Stream of the petitioner - college. 2. Learned senior counsel for the petitioner submits that the petitioner-college received its temporary affiliation in the year 2015 and thereafter it has been permanently affiliated by the State Government vide letter no. 763 dated 01.04.2021 issued by the respondent no. 3. Subsequently, the petitioner submitted a representation before the District Education Officer, Palamau (the respondent no. 6) on 21.07.2022 to increase the sanctioned seats in Science stream. The respondent no. 6, after making inspection in the petitioner-college as well as on being satisfied with the available faculties and infrastructure, recommended the respondent- JAC for increasing additional seats equivalent to three sections in Science stream in the petitioner-college. Pursuant to the said recommendation, the respondent-JAC, vide letter no. 3191/22 dated 05.09.2022, increased the seats in the Science Stream from 384 to 768 for the academic session 2022-2024 which was duly informed to the petitioner. The petitioner again submitted a representation dated 16.06.2023 to the respondent no. 6 requesting 2 W.P.(C). No.4556 of 2024 him to increase the sanctioned seats by adding seats equivalent to three sections in the Science Stream for the session 2023-25 as there was huge demand amongst the students to take admission in the petitioner-college. In response to the said letter, the respondent no. 6 again conducted an inspection at the premises of the petitioner-college and recommended to increase additional seats equivalent to three sections in the Science Stream of the petitioner- college and requested the respondent-JAC to take necessary decision in this regard. Meanwhile, the respondent no. 2 issued a letter as contained in memo no. 2715 dated 14.12.2023 to all the District Education Officers, Jharkhand regarding enrollment/admission of students in affiliated Inter Colleges which had received establishment permission and approval by the JAC. 3. Thereafter, the respondent- JAC issued a letter dated 22.03.2024 to all Principals/In-charge Principals of affiliated Inter Colleges, affiliated Degree Colleges and Constituent Colleges communicating instruction regarding enrollment/admission being done in Inter Colleges for the session 2024-2026 stating that a decision was taken in its meeting held on 28.06.2023 to reduce the number of seats of enrollment session wise in the Constituent and affiliated Degree Colleges in order to separate the intermediate education from such colleges and further prescribed the sanctioned enrollment seats to take admission in different streams for the academic session 2024-2026 and onwards. 4. The respondent-JAC also wrote letter to the respondent no. 3 stating that the representations were being received by the JAC from several Inter Colleges for increasing the number of seats and 3 W.P.(C). No.4556 of 2024 as such requested the said respondent to take necessary step in this regard. The petitioner again submitted a representation to the respondent no. 6 to increase the number of sanctioned seats in the Science & Arts stream. Thereafter, the respondent no. 6 conducted an inspection at the premises of the petitioner-college and on the basis of inspection report, the Deputy Commissioner, Palamau, vide letter no. 921 dated 14.06.2024, recommended the respondent no. 5 to increase additional seats of seven sections in the Science stream and one section in the Arts stream. However, no action has yet been taken by the JAC which is the competent authority to take such decision as per the Jharkhand Academic Council (Amendment) Act, 2006 (in short, “the Act, 2006”). The In-charge Secretary, Department of School Education and Literacy, Government of Jharkhand, vide letter no. 2021 dated 28.07.2024, has however prescribed 512-512-512 seats or earlier sanctioned units/seats whichever is less in all streams for enrollment/admission in permanently affiliated Inter colleges. 5. It is further submitted that as per the Jharkhand Academic Council Act, 2002 (in short, “the Act ,2002”) as well as the Amendment Act, 2006, the power to prescribe number of seats for admission to be taken in the affiliated Inter Colleges or any institution exclusively vests with the JAC and the said power cannot be delegated to any other authority. The JAC on one hand accepts that the power to prescribe the number of students for admission in any class of any institution lies with it in terms with Section 7(3)(g) of the Act, 2002 as amended by the Act, 2006 and in terms with the said provision, it had increased the number of seats on the request 4 W.P.(C). No.4556 of 2024 of the colleges for the academic sessions 2022-2024, however on the other hand, the JAC by relying on the guidelines dated 14.12.2023 issued by the respondent no. 2, has abolished the increased seats in the affiliated Inter Colleges. 6. Learned counsel for the respondent-JAC submits that in view of Section 7(3)(g) of the Act, 2002 as amended vide Act, 2006, the JAC has been empowered to determine the number of seats in any particular college. It is further submitted that in the light of the enquiry report received from the respondent no. 6, the original seats allotted to the petitioner-college were increased for a particular session. The Department of School Education and Literacy, Government of Jharkhand, issued a letter as contained in memo no. 2715 dated 14.12.2023 in which it was mentioned that the seats for the permanent affiliated colleges were fixed as 384-384-384 and in the light of the said letter, the JAC issued notification no. 15/2024 dated 20.03.2024 stating that for the academic session 2024-26, if the enrolment of students in permanently affiliated colleges was more than 384 seats, then the registration of the students exceeding the said number would not be given. 7. Learned counsel for the respondent- JAC further submits that on the basis of the recommendation of the Deputy Commissioner, Palamau vide letter No. 921 dated 14.06.2024, the need for enhancement of seats is being verified in the light of the infrastructure and teachers’ availability in the concerned colleges and accordingly appropriate decision will be taken. 8. Heard learned counsel for the parties and perused the materials available on record. 5 W.P.(C). No.4556 of 2024 9. Learned senior counsel for the petitioner has contended that the power to increase number of seats for admission to be taken in the affiliated colleges or any institution is vested exclusively with the respondent-JAC and the State Government has no power to issue any direction in that regard. Moreover, it is evident from the record that on the representation of the petitioner-college with respect to increase in the number of seats in the Arts and Science stream, an inspection was conducted by the respondent no. 6 and pursuant to submission of his report, it was recommended by the Deputy Commissioner, Palamau to increase seven sections seats in the Science stream and one section seat in the Arts stream, however no decision has yet been taken by the respondent-JAC on the said recommendation. 10. Learned senior counsel for the petitioner has also referred relevant paragraphs of the writ petition which are quoted hereinbelow:- “26. That the petitioner again submitted a representation to the District Education Officer, Palamu requesting them for increase of the sanctioned seat in the Science Stream and Arts Stream as there is a huge demand amongst the students and they are unable to take admission of such students as the seats have been reduced by JAC to 384 seats inspite of the fact that they have the required number of teachers as well as infrastructure. 27. That in response to the aforesaid letter, the respondent no. 6 conducted an inspection at the premises of the college and vide letter no. 921 dated 14.06.2023 it was found that there was adequate number of teachers as well as infrastructure at the petitioner college. Moreover, it has also been stated that the petitioner college is located in Paton Block and in Paton Block and other 6 W.P.(C). No.4556 of 2024 than this college there is only one +2 School which is also at a distance of about 11-12 km, therefore it was recommended by the District Education Officer, Palamu to increase seven section additional seats in the Science Stream and one section stream in Arts Stream and the same for forwarded to the respondent JAC to take necessary decision. 28. That till date no action has yet been taken by the respondent JAC and in fact as is evident from the aforesaid averments and documents that the respondent JAC who is the competent authority to take such decision as per the JAC Amendment Act of 2006 instead of taking a decision has asked the respondent no. 3 to take the decision, which is wholly arbitrary and illegal.” 11. In response to the said claim of the petitioner, the respondent JAC in its counter affidavit has stated as under:- “25. That it is stated that with respect to the recommendation of the Deputy Commissioner, Palamau vide letter no. 921 dated 14.06.2024 the need for enhancement is being verified in the light of the infrastructure and teachers availability in the college and accordingly appropriate decision shall be taken.” 12. Thus, the respondent JAC has still not taken any decision on the representation of the petitioner and the same is being verified in the light of the availability of infrastructure and teachers in the college. Since the petitioner’s representation for increase of seats is still pending before the JAC, it would be appropriate at the first instance to direct the respondent JAC to expeditiously take decision on the said representation of the petitioner. So far as the other issues raised by the petitioner are concerned, the same are left open to be decided at an appropriate stage. 13. Accordingly, the respondent nos. 4 and 5 are directed to take appropriate decision on the representation of the petitioner 7 W.P.(C). No.4556 of 2024 positively within four weeks from the date of receipt/production of a copy of this order. 14. The writ petition is accordingly disposed of with aforesaid observation and direction. 15. I.A. No. 10200 of 2024 also stands disposed of. Ritesh/N.A.F.R. (Rajesh Shankar, J.) 8 W.P.(C). No.4556 of 2024