The High Court · 2023
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Letters Patent Appellate Jurisdiction) LPA No. 849 of 2019
Legal Reasoning
G.M. Evening College through its Principal, Binay Kumar, aged about 38 years, S/o Sri Ghansyam Prasad Mehta, resident of village Hadari Ichak, PO Ichak, PS Ichak, District Hazaribagh ......Appellant Versus 1.The State of Jharkhand. 2.Principal Secretary, Human Recourse Development Department having its office at Project Building, P.O & P.S:-Dhurwa, District:- Ranchi. 3.Director, Higher Technical Education and Skill Development Department, Govt. of Jharkhand having its office at Project Building, P.O & P.S:- Dhurwa, District:-Ranchi. 4.Deputy Director, Higher Technical Education and Skill Development Department, Govt. of Jharkhand having its office at Project Building, P.O & P.S-Dhurwa, District:-Ranchi 5.Vinoba Bhave University through its Vice Chancellor, Hazaribagh, P.O & P.S:- Hazaribagh, District:-Hazaribagh. 6. Vice Chancellor, Vinoba Bhave University Hazaribagh, P.O & P.S :- Hazaribagh, District:- Hazaribagh. 7.Registrar, Vinoba Bhave University, Hazaribagh, PO and PS Hazaribagh, District Hazaribagh ..... Respondents --------------- CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA For the Appellant For the State For the University : Mr. Krishna Prajapati, Advocate : Mr. Suresh Kumar, SC (L&C) II Mr. Rajesh Kumar Singh, AC to SC (L&C) II : Mrs. Indrani Sen Choudhary, Advocate ---------------
Decision
O R D E R 04th July 2023 Per, Shree Chandrashekhar, J. This is an assigned matter by virtue of order dated 24th February 2022 passed on the administrative side by Hon'ble the Chief Justice. 2. A batch of writ petitions vide WP(C) Nos. 3743 of 2019, 3789 of 2019 and 3956 of 2019 has been dismissed by a common order dated 13th November 2019 holding that no right has accrued to the applicants under the provisions of 15(2)(b) of the Statute Relating to Admission and Exclusion of College other than those managed and maintained by the University after coming into effect of the new rules by way of notification dated 05 th April 2018. 2 LPA No. 849 of 2019 3. In the order dated 13th November 2019 passed in WP(C) Nos. 3743 of 2019 and batch cases, the writ Court has held as under: “19. Admittedly the petitioners are claiming the benefit on the basis of the rules notified in 19.04.1986 whereby and whereunder under the provision of statute 15(2)(b) an Evening College may be allowed to function in the building of an existing college or a secondary school or any other suitable building and according to the petitioners the institutions in question are running in a suitable building and hence making applicable the provision of law as notified on 19.04.1986 the recognition is required to be given while on the other hand, the stand of the State is that on the date of making an application since the law notified by virtue of notification dated 19.04.1986 has been superseded by virtue of provision of statute of 19 as contained in notification dated 05.04.2018 whereby and whereunder the condition for grant of affiliation can be relaxed for an evening college allowing it to function in the building of an existing college by repealing the other criteria of running of institutions in the secondary school or any other suitable building. 20. The question is that in view of the provision of statute 19, the statute notified on 19.04.1986 has been superseded by virtue of notification dated 05.04.2018 having no saving clause and furthermore, that no permanent recognition has been granted which is the admitted case of the petitioners, therefore, there is no question of accrual of any vested right in favour of the petitioners’ institutions. 21. In view of the aforesaid fact on the basis of the provision of clause 6 of the General Clauses Act as referred hereinabove, this Court, is of the view that after supersession of the provision of the Act notified on 19.04.1986 in view of the provision of statute 19 of the notification dated 05.04.2018 authorities have rejected the claim of the petitioners holding therein that the condition as required to be fulfilled under Section 16(2) for relaxation to grant affiliation is not being fulfilled since there is no building of an existing college and is it the admitted case of the petitioners that they are running the institutions in the rented building, therefore, the said condition having not in consonance with the provision of statute 16(2)(b) the decision taken against the petitioners’ institutions cannot be said to suffer from infirmity. 22. Learned counsel for the petitioners has also argued out the matter on the ground of non-application of notification dated 05.04.2018 on the ground of retrospectivity but the question herein is that the retrospectivity can only be seen if any right has accrued and that right has been snatched away by retrospective application of a statute. 23. Herein, as has been referred hereinabove that no right has been accrued said to have vested or accrued right, as such, it is not a case of retrospective application rather the Act notified on 05.04.2018 being a prospective Act has been taken into consideration by the authority basis upon which the petitioners’ institutions have not found eligible for relaxation in granting affiliation as per the condition incorporated under the provision of statute 16(2)(b) of the notification dated 05.04.2018.” 4. Our attention has been drawn to the order dated 08th August 2022 passed in LPA No. 920 of 2019 which was filed by Patel Evening Degree College [WP(C) No. 3956 of 2019]. 5. In the order dated 08th August 2022 passed in LPA No. 920 of 3 LPA No. 849 of 2019 2019 this Court has held as under: “7. In the first place, the State has a right to lay down conditions for grant of recognition and it is well settled in law is that the conditions laid down by the State may be in addition to what has been laid down by the Academic Regulator. It is also well settled that the State has powers to modify, amend, supersede and repeal the existing laws and bring in a new set of laws for better administration of the educational institutions. The plea urged by the appellant that the permission granted to the College for running part-time degree courses must continue even after notification dated 5th April 2018, cannot be countenanced in law. No one can claim affiliation/ permission for an indefinite period without adhering to future regulations. Going by the stand taken by the College all previous affiliations/ permissions shall be immune to all future laws made by the State for better administration of the Colleges, a position which cannot be accepted in law.” 6. Having regard to the fact that LPA No. 920 of 2019 challenging the common order dated 13th November 2019 has been dismissed, we find no ground to entertain the present Letters Patent Appeal and, accordingly, LPA No. 849 of 2019 is dismissed. (Shree Chandrashekhar, J.) (Ratnaker Bhengra, J.) Jharkhand High Court, Ranchi Dated: 04th July 2023 Tanuj/N.A.F.R