The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND, RANCHI ---- W.P. (C) No. 7013 of 2023 ---- 1) MUKESH KUMAR YADAV, AGED ABOUT 22 YEARS SON OF MAHESH YADAV, R/O JATRA TOLA LODHMA RAMGARH PO PS DIST RAMGARH, 2) ANITA KUMARI, AGED ABOUT 19 YEARS DAUGHTER OF LALMANI MAHTO, RO SHANKARDIH PO GALAGI PS NIMIYAGHAT DIST GIRIDIH 3) RAKHI KUMARI, AGED 19 YEARS DAUGHTER OF PUNIT MAHTO, RESIDENT OF NAGRI GIRIDIH PO PS NAGRI DIST GIRIDIH 4) ANUBHAV KUMAR MALDAHIYAR, AGED ABOUT 19 YEARS SON OF AJAY KUMAR, RO NEAR SINGHANI BRIDGE HAZARIBAGH PO KORRAH PS MUFFASIL DIST HAZARIBAGH 5) HRITIK KUMAR, AGED ABOUT 19 YEARS, SON OF KRISHNA KUMAR, RO SARLEY NIKASH NAGAR HAZARIBAGH PO KORRAH PS SADAR DIST HAZARIBAGH 6) PRIYANSHU KUMAR SINGH, AGED ABOUT 21 YEARS SON OF PRAVIN KUMAR, RESIDENT OF DUBBI PO NARCHAHI PS DUBI ITKHORI DIST CHATRA 7) KALPANA KUMARI, AGED ABOUT 21 YEARS DAUGHTER OF YASHODA NANDAN SAHAY, RESIDENT OF NAGWAN, LOHANDI, BAHERA PO NAGWAN, PS NAGWAN, DIST HAZARIBAGH, JHARKHAND 8) ABHISHEK KUMAR, AGED ABOUT 23 YEARS, SON OF TUNNU GOPE, RESIDENT OF LEPO ROAD GOWALTOLI CHOWK HAZARIBAGH PO-LEPO, PS-LEPO, DIST HAZARIBAGH, JHARKHAND-825406 9) ASHA KUMARI, AGED ABOUT 23 YEARS, C/O MUKESH MAHTO, RESIDENT OF VILL KHONATHI NAWADIH PO & PS NAWADIH DIST DHANBAD 10) YASH RAJ RANA, AGED ABOUT 33 YEARS, S/O YADU RANA, RESIDENT OF VILL NAWADA NAWADIH PO PS BANHA, NAWADA, DIST HAZARIBAGH .... Petitioners -- Versus -- 1) THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY DEPTT OF PERSONNEL ADMN REFORMS AND RAJBHASHA, OFFICE AT PROJECT BUILDING DHURWA PO PS JAGANATHPUR DIST RANCHI, JHARKHAND 2) THE HONBLE GOVERNOR THROUGH THE OFFICER ON SPECIAL DUTY -1- W.P. (C) No.7013 of 2023 W.P. (C) No.1445 of 2024 & W.P. (C) No.1460 of 2024 JUDICIAL TO GOVERNOR STATE OF JHARKHAND, GOVERNOR'S SECRETARIAT GOVERNOR OFFICE RAJ BHAWAN PO GPO PS KANKE DIST RANCHI JHARKHAND 3) THE VINOBA BHAVE UNIVERSITY HAZARIBAGH THROUGH REGISTRAR SINDOOR ICHAK HAZARIBAGH, PO HAZARIBAGH PS SADAR DIST HAZARIBAGH 4) THE UNIVERSITY LAW COLLEGE THROUGH THE PRINCIPAL VINOBA BHAVE UNIVERSITY SINDOOR ICHAK HAZARIBAGH, PO HAZARIBAGH PS SADAR DIST HAZARIBAGH 5) THE BAR COUNCIL OF INDIA, THROUGH ITS CHAIRMAN HAVING ITS REGISTERED OFFICE AT 21, ROUSE AVENUE INDUSTRIAL AREA, NEW DELHI 110002 6)THE JHARKHAND STATE BAR COUNCIL, RANCHI, THROUGH ITS CHAIRMAN, HAVING ITS REGISTERED OFFICE AT BUNGALOW NO.8, NEAR KENDRIYA VIDYALAYA, DORANDA, RANCHI .... Respondents With W.P. (C) No.1445 of 2024 ---- 1) AMAN KUMAR, AGED ABOUT 21 YEARS SON OF MANOHAR PRASAD RESIDENT OF HOUSE NO 55 LAHERI MOHALLA NEAR CHHOTI MASJID PO PS RAJRAPPA DIST RAMGARH JHARKHAND 825101 2) JAYBARDHAN KUMAR, AGED ABOUT 20 YEARS, SON OF
Legal Reasoning
SACHIDANAND SINGH, RESIDENT OF KHAIRA FIROJ PO PS KASMAN DIST AURANGABAD STATE BIHAR 824125 3) NISHA PERWEEN, AGED ABOUT 19 YEARS, DAUGHTER OF MD. ASLAM, RESIDENT OF HOUSE NO 193 NEAR NEEM TREE KAZI MOHALLA HAZARIBAGH PO HAZARIBAGH PS SADAR DIST HAZARIBAGH JHARKHAND 4) MD SAMEER ALAM, AGED ABOUT 20 YEARS C/O MD MUSTAK ALAM, RESIDENT OF JORI KALAN PO JORI PS HUNTERGANJ DIST CHATRA STATE JHARKHAND 5) MANISHA KUMARI, AGED ABOUT 34 YEARS DAUGHTER OF SUBHASH KUMAR SINHA, RESIDENT OF GALI NO 4 VISHNUPURI KADMA PO PS KADMA DIST HAZARIBAGH JHARKHAND 6) CHANDAN PANDEY, AGED ABOUT 28 YEARS SON OF SHATRUGHAN PANDEY RESIDENT OF NORTH SHIVPURI KRISHNANAGAR PO HAZARIBAGH PS SADAR DIST HAZARIBAGH JHARKHAND 7) MRINAL PANDEY, ATED ABOUT 18 YEARS DAUGHTER OF PARVEEN -2- W.P. (C) No.7013 of 2023 W.P. (C) No.1445 of 2024 & W.P. (C) No.1460 of 2024 KUMAR PANDEY, RESIDENT OF MANJHGAWAN PADMA PO- PS PADMA DIST HAZARIBAGH JHARKHAND 8) AIMAN YUSUF, AGED ABOUT 20 YEARS DAUGHTER OF SHAMSHAD YUSUF, RESIDENT OF VILL AMNARI ROAD MERU PO MERU BSF PS MUFFASIL PUNDRI DIST HAZARIBAGH JHARKHAND 9) MANISHA SINGH, AGED ABOUT 29 YEARS, DAUGHTER OF RAJKUMAR SINGH, RESIDENT OF JAGDISHPUR PO PS JAGDISHPUR DIST HAZARIBAGH JHARKHAND 10) ANVESHA PRIYA, AGED ABOUT 19 YEARS DAUGHER OF BIJAY KUMAR DUBEY, RESIDENT OF SHIVDAYAL NAGAR KADMA PO KADMA PS KATKAMDAG DIST HAZARIBAGH JHARKHAND 11) MUSKAN KUMARI, AGED ABOUT 19 YEARS DAUGHTER OF RANJAN SINGH RESIDENT OF DHANGAR TOLI CHATRA PO PS DIST CHATRA JHARKHAND 12) ANSHU KUMAR, AGED ABOUT 19 YEARS, SON OF YOGENDRA PRASAD, RESIDENT OF MAHESHPUR KODERMA PO PS MAHESHPUR DIST HAZARIBAGH JHARKHAND 13) UDHAV KUMAR YADAV, AGED ABOUT 22 YEARS, SON OF SAROJ GOPE, RESIDENT OF GAWAL TOLI BARA BAZAR PO HAZARIBAGH PS SADAR DIST HAZARIBAGH JHARKHAND 14) KAREENA SHAIKH, AGED ABOUT 19 YEARS DAUGHTER OF PERWEZ AKHTAR, RESIDENT OF MAHAWAT MOHALLA PADMA PO PS PADMA DIST HAZARIBAGH JHARKHAND 15) MAYANK PRAVIN, AGED ABOUT 26 YEARS C/O KARAN PRATAP SINGH, RESIDENT OF HOUSE NO 18 CANARY VILLA DIPUGARA CHOWK NEAR SP RESIDENCE PO PS KORRAH DIST HAZARIBAGH JHARKHAND 16) PRARTHANA ROY, AGED ABOUT 22 YEARS DAUHTER OF ANIL KUMAR YADAV RESIDENT OF NEAR PHASHI TALAB CHATRA PO PS DIST CHATRA JHARKHAND 17) SUNIL KUMAR MAHTO, AGED ABOUT 30 YEARS, SON OF MAHESHWAR MAHTO RESIDENT OF LEPO PETARWAR BOKARO PO- PS LEPO, DIST BOKARO JHARKHAND 18) SACHIN KUMAR, AGED ABOUT 30 YEARS, SON OF SHIV SHANKAR PRASAD RESIDENT OF NEAR SHIV MANDIR TENUGHAT BOKARO PO PS DIST BOKARO JHARKHAND 19) PUSHPA KUMARI, AGED ABOUT 26 YEARS, DAUGHTER OF RAM SAGAR MAHTO RESIDENT OF PIRI PATRATU PO KARHABAN PS GIRIDIH DIST GIRIDIH JHARKHAND 20) SIMRAN JYOTI, AGED ABOUT 22 YEARS, DAUGHTE OF GYAN JYOTI -3- W.P. (C) No.7013 of 2023 W.P. (C) No.1445 of 2024 & W.P. (C) No.1460 of 2024 RESIDENT OF MAHESHLUNDI PO PS PATRATU DIST RAMGARH JHARKHAND 21) SUNNY KUMAR, AGED ABOUT 23 YEARS SON OF BHEEM MAHTO RESIDENT OF KISHAN MOHALLA NEAR BUS STAND PO PS RAJRAPPA PROJECT CHITARPUR DIST RAMGARH JHARKHAND 22) ABHAY KUMAR PANDEY, AGED ABOUT 30 YEARS SON OF SHREEKANT PANDEY RESIDENT OF NEAR DURGA MANDIR ACHALAJUMU PO PS VISHNUGARH DIST HAZARIBAGH JHARKHAND 23) VIDYA KUMARI, AGED ABOUT 20 YEARS DAUGHTER OF KHEMLAL MAHTO, RESIDENCE OF BARKA GAON ROAD NEAR SHANTI ASHRAM PO HAZARIBAGH PS SADAR DIST HAZARIBAGH JHARKHAND 24) PRIYANKA KUMARI, AGED ABOUT 22 YEARS DAUGHTER OF MAHESH YADAV RESIDENT OF RUD HAZARIBAGH PO HAZARIBAGH SP SADAR DIST HAZARIBAGH JHARKHAND 25) SAKSHI ANAND, AGED ABOUT 20 YEARS DAUGHTER OF LATE UDAY SHANKAR PRASAD, HOUSE NO 255 B NEAR UPKAR HOTEL DVC COLONY PO HAZARIBAGH PS SADAR DIST HAZARIBAGH JHARKHAND 26) RIYA SINHA, AGED ABOUT 24 YEARS C/O JITENDRA KUMAR SINHA RESIDENT OF KARGALI REGIONAL HOSPITAL COLONY BERMO PO BERMO PS BERMO DIST BOKARO JHARKHAND 27) NILESH KUMAR SINGH, AGED ABOUT 19 YEARS SON OF SANJAY SINGH RESIDENT OF PELTAUL KALA, PO PELTAUL KALA PS RAJPUR CHARU DIST CHATRA JHARKHAND 28) SANJEET KUMAR, AGED ABOUT 29 YEARS SON OF VISHWANATH PRASAD RESIDENT OF DATMA BASTI PO PS TOPA DATMA DIST RAMGARH JHARKHAND 29) SHIVANI BHARDWAJ, AGED ABOUT 19 YEARS DAUGHTER OF MANOJ KUMAR SINGH RESIDENT OF HOUSE NO 1/3 DOG SCOUT CTS COLONY HAZARIBAGH PO HAZARIBAGH PS SADAR DIST HAZARIBAGH JHARKHAND 30) AAMRA KHANAM, AGED ABOUT 19 YEARS DAUGHTER OF KHALID KHAN RESIDENT OF PELAWAL PO PS PELAWAL DIST HAZARIBAGH JHARKHAND 31) SURYAKANT RAJ, AGED ABOUT 20 YEARS SON OF OM PRAKASH GUPTA RESIDENT OF BHAGYAMANI EMPORIUM GOLA ROAD BADAM BAZAR PO HAZARIBAGH PS SADAR DIST HAZARIBAGH JHARKHAND 32) NISHANT KUMAR, AGED ABOUT 20 YEARS SON OF SUBHASH KUMAR, RESIDENT OF SINGHANI PO KORRAH PS MUFFASIL DIST HAZARIBAGH JHARKHAND -4- W.P. (C) No.7013 of 2023 W.P. (C) No.1445 of 2024 & W.P. (C) No.1460 of 2024 33) NANDANI KUMARI, AGED ABOUT 19 YEARS DAUGHTER OF BINOD MAHTO, RESIDENT OF PATRATU PO PATRATU PS PATRATU DIST RAMGARH JHARKHAND 34) SANIDHYA THAKUR, AGED ABOUT 19 YEARS DAUGHTER OF RAJ KUMAR THAKUR, RESIDENT OF NUTAN NAGAR PO KORRAH PS MUFASIL DIST RAMGARH JHARKHAND 35) RAKHI KUMARI, AGED ABOUT 19 YEARS DAUGHTER OF BINOD PRASAD MEHTA, RESIDENT OF SINDUR PO KORRAH PS MUFASIL DIST HAZARIBAGH JHARKHAND
Legal Reasoning
36) VIKRAM KUMAR KESHRI, AGED ABOUT 24 YEARS SON OF SUNIL PRASAD KESHRI RESIDENT OF KUMHAR TOLI SHASTRI NAGAR PO HAZARIBAGH PS SADAR DIST HAZARIBAGH JHARKHAND 37) SHABBIR AHMAD, AGED ABOUT 30 YEARS SON OF SAMSULLAH KHAN RESIDENT OF HOUSE NO 12/350 MALVIYA MARG CHANDANI MARKET PO HAZARIBAGH PS SADAR DIST HAZARIBAGH JHARKHAND 38) FARHAN ANSARI, AGED ABOUT 19 YEARS SON OF ZAHID HUSSAIN RESIDENT OF BABUGAON PO KORRAH PS KORRAH DIST HAZARIBAGH JHARKHAND 39) GOUTAM KUMAR, AGED ABOUT 24 YEARS SON OF UMA SHANKAR PRASAD, RESIDENT OF POKAHRIA ICHAK PO PS ICHAK DIST HAZARIBAGH JHARKHAND 40) PRASHANT KUMAR PRADHAN, AGED ABOUT 46 YEARS SON OF PRADEEP KUMAR PRADHAN RESIDENT OF SHIV NEAR KALI PO HAZARIBAGH PS SADAR DIST HAZARIBAGH JHARKHAND 41) SANDEEP SAURAV, AGED ABOUT 37 YEARS SON OF SATYADEO PRASAD RESIDENT OF RAKHED PO PS SHIVRAJPUR LAWALONG DIST CHATRA JHARKHAND 42) ATUL KUMAR SINGH, AGED ABOUT 22 YEARS SON OF RAVINDRA KUMAR SINGH RESIDENT OF TETARIA PO PS TETARIA DIST HAZARIBAGH JHARKHAND 43) VIKASH KUMAR, AGED ABOUT 38 YEARS SON OF PRADEEP KUMAR RESIDENT OF KHIRGAON HAZARIBAGH PO HAZARIBAGH PS SADAR DIST HAZARIBAGH JHARKHAND 44) PRITHVI KUMAR, AGED ABOUT 24 YEARS SON OF KRISHNA KUMAR YADAV RESIDENT OF 22 GOWAL TOLI BARA BAZAR PO HAZARIBAGH PS SADAR DIST HAZARIBAGH JHARKHAND 45) PRATYUSH PRASOON, AGED ABOUT 24 YEARS SON OF PRAMOD KUMAR YADAV RESIDENT OF 22 GOWAL TOLI BARA BAZAR PO HAZARIBAGH PS SADAR DIST HAZARIBAGH JHARKHAND -5- W.P. (C) No.7013 of 2023 W.P. (C) No.1445 of 2024 & W.P. (C) No.1460 of 2024 46) ASHISH KUMAR, AGED ABOUT 21 YEARS SON OF KHAGENDRA PRASAD RESIDENT OF BARKATHA PO BARKATHA PS BARKATHA DIST HAZARIBAGH JHARKHAND 47) ANUP KUMAR, AGED ABOUT 19 YEARS SON OF BHADE MAHTO RESIDENT OF SIKRI PUNDRA SIKARI PO TUTILAWA PS TUTILAWA DIST DUMKA JHARKHAND 48) AALOK KUMAR, AGED ABOUT 25 YEARS SON OF KIRAN RAM RESIDENT OF WARD NO 3 DHANGAR TOLI MOHALLA PO CHATRA PS CHATRA DIST CHATRA JHARKHAND 49) ANSHU KUMAR, AGED ABOUT 20 YEARS SON OF KIRAN RAM RESIDENT OF WARD NO 3 DHANGAR TOLI MOHALLA PO CHATRA PS CHATRA DIST CHATRA JHARKHAND 50) RAMESH PRASAD YADAV, AGED ABOUT 33 YEARS SON OF NARESH PRASAD YADAV RESIDENT OF VILL HARLATAND PO SARAIYAHAT HARLATAND PS HARLATAND DIST DUMKA JHARKHAND 51) RAHUL KUMAR OJHA, AGED ABOUT 22 YEARS SON OF SANJAY KUMAR JHA RESIDENT OF VILLAGE TARHESA PO PANDU PS PANDU DIST HAZARIBAGH JHARKHAND 825311 52) MUSKAN RANI, AGED ABOUT 19 YEARS DAUGHTER OF AMIT KUMAR GIRI RESIDENT OF DEORIA PO PS DEORIA DIST HAZARIBAGH JHARKHAND 53) ANAMIKA PATHAK, AGED ABOUT 20 YEARS DAUGHTER OF BRAHAMAND PATHAK RESIDENT OF PATHAK TOLA PO PS BARIYATU KAMTI GOLA DIST RAMGARH JHARKHAND 54) RITUL RANI, AGED ABOUT 19 YEARS DAUGHTER OF RANJAN KUMAR RESIDENT OF KISHUNPUR MOHALLA NEAR NEW PETROL PUMP PO PS CHATRA DIST CHATRA JHARKHAND .... Petitioner -- Versus -- 1) THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY DEPARTMENT OF PERSONNEL ADMINISTRATIVE REFORMS AND RAJBHASHA , GOVT OF JHARKHAND HAVING ITS OFFICE AT PROJECT BUILDING DHURWA PO PS JAGANATHPUR DIST RANCHI JHARKHAND 2) THE HON BLE GOVERNOR THROUGH THE OFFICER ON SPECIAL DUTY (JUDICIAL) (OSDJ) TO GOVERNOR, STATE OF JHARKHAND , GOVERNORS SECRETARIAT , GOVERNOR OFFICE (RAJ BHAWAN) PO GPO PS KANKE DIST RANCHI JHARKHAND 3) THE VINOBA BHAVE UNIVERSITY , HAZARIBAGH THROUGH THE REGISTRAR, SINDOOR ICHAK HAZARIBAGH PO HAZARIBAGH PS SADAR -6- W.P. (C) No.7013 of 2023 W.P. (C) No.1445 of 2024 & W.P. (C) No.1460 of 2024 DIST HAZARIBAGH JHARKHAND 4) THE UNIVERSITY LAW COLLEGE THROUGH THE PRINCIPAL, VINOBA BHAVE UNIVERSITY, SINDOOR ICHAK HAZARIBAGH PO HAZARIBAGH PS SADAR DIST HAZARIBAGH JHARKHAND 5) THE BAR COUNCIL OF INDIA THROUGH ITS CHAIRMAN, AT 21 ROUSE AVENUE INSITUTIONAL AREA NEW DELHI PO PS INDRAPRASTHA DIST CENTRAL DELHI 110002 6) THE JHARKHAND STATE BAR COUNCIL, THROUGH CHAIRMAN ,JHARKHAND, RANCHI, AT BUNGALOW NO 5 NEAR KENDRIYA VIDYALAY SHYAMALI COLONY DORANDA RANCHI, PO AND PS DORANDA, DIST RANCHI JHARKHAND 834002 .... Respondents With W.P. (C) No.1460 of 2024 ---- 1.NIRANJAN KUMAR PANDEY, AGED ABOUT 19 YEARS, SON OF SANTAN KUMAR PANDEY, RESIDENT OF VILL GANDKE URF GOVINDPUR PO LUPUNG PS KATKAMSANDI DIST HAZARIBAGH JHARKHAND 825301, 2.PRADEEP KUMAR AGED ABOUT 20 YEARS, SON OF BADRI PRASAD YADAV RESIDENT OF AMBAATARI PO AND PS CHOUPRAN, DISTRICT HAZARIBAGH, STATE JHARKHAND-825 409. .... Petitioners -- Versus -- 1) STATE OF JHARKHAND THRO THE CHIEF SECCT DEPART OF PERSONNEL ADMINISTRATIVE REFORMS AND RAJBHASHA, GOVT OF JHARKHAND, HAVING ITS OFFICE AT PROJECT BUILDING DHURWA PO PS JAGANATHPUR DIST RANCHI JHARKHAND 2) THE HON BLE GOVERNOR THROUGH THE OFFICER ON SPECIAL DUTY (JUDICIAL) (OSDJ) TO GOVERNOR, STATE OF JHARKHAND, GOVERNORS SECRETARIAT GOVERNOR OFFICE (RAJ BHAWAN) PO GPO PS KANKE DIST RANCHI JHARKHAND 3) THE VINOBE BHAVE UNIVERSITY, HAZARIBAGH THROUGH THE REGISTRAR, SINDOOR ICHAK HAZARIBAGH PO HAZARIBAGH PS SADAR DIST HAZARIBAGH JHARKHAND 825301 4) THE UNIVERSITY LAW COLLEGE THROUGH THE PRINCIPAL, VINOBA BHAVE UNIVERSITY, SINDOOR ICHAK HAZARIBAGH PO HAZARIBAGH PS SADAR DIST HAZARIBAGH JHARKHAND 825301 5) THE BAR COUNCIL OF INDIA THROUGH ITS CHAIRMAN, AT 21 ROUSE AVENUE INSTITUTIONAL AREA NEW DELHI PO PS INDRAPRASTHA DIST -7- W.P. (C) No.7013 of 2023 W.P. (C) No.1445 of 2024 & W.P. (C) No.1460 of 2024 CENTRAL DELHI 110002 6) THE JHARKHAND STATE BAR COUNCIL JHARKHAND RANCHI, THROUGH CHAIRMAN, AT BUNGALOW NO 5 NEAR KENDRIYA VIDYALAY SHYAMALI COLONY DORANDA RANCHI, PO AND PS DORANDA, DIST RANCHI JHARKHAND 834002 .... Respondents ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner For the State For the V.B.University :- :- :- For Jhar.State Bar Council :- Mr. Ranjan Kumar, Advocate Ms. Rishi Bharti, Advocate Mrs Indrani Sen Choudhary, Advocate [Through : Video Conferencing] Mr. Manoj Tandon, Advocate ---- 12/19.09.2024 In all these petitions, a common question of law and fact are involved and in view of that, all these petitions have been heard together with consent of the parties. 2. Heard the learned counsel for the petitioners, the learned counsel appearing on behalf of the respondent-State, Mrs. Indrani Sen Choudhary, the learned counsel appearing through Video Conferencing on behalf of the respondent-Vinoba Bhave University and Mr. Manoj Tandon, the learned counsel appearing on behalf of the respondent- Jharkhand State Bar Council. 3. The prayer has been made for quashing of the Notice as contained in Memo No.3176/ 2023 Dated 29.11.2023 issued by Vinoba Bhave University, Hazaribagh whereby a notice has been issued for conducting entrance examination/ test scheduled on 12.12.2023 for getting fresh/revised admission for the session 2022-2025 for LL.B and for session 2022-2027 for B.A. LL.B. 4. The further prayer has been made for direction upon the -8- W.P. (C) No.7013 of 2023 W.P. (C) No.1445 of 2024 & W.P. (C) No.1460 of 2024 respondent concerned to continue the academic session of 2022-2025 for LL.B and for session 2022-2027 for B.A. LL.B with the students previously taken admission/ enrolled since they have already completed about one and half year of their respective academic sessions. 5. The learned counsel appearing on behalf of the petitioners submits that the University Law College (respondent no.4) which is affiliated with Vinoba Bhave University, Hazaribagh is a self-financed college and the courses of LL.B and B.A LL.B are self-financed courses of the respondent no.4. He submits that an advertisement was published by the University for session 2022-2025 for LL.B and for session 2022- 2027 for B.A. LL.B courses. Learned counsel for the petitioners submits that merit-list was prepared in which the petitioners were not called upon, however, the Principal of the concerned College has later on called upon the petitioners and pursuant to that, they have been admitted in the college. He submits that the admission of the petitioners were also approved by the University. He submits that the first and second round of counselling for the purpose of taking admission for the said academic session 81 seats were left for both LL.B and B.A. LLB courses. Therefore, a notice for open admission for both the sessions was published by the Principal of the said College and thereafter, the petitioners have been admitted. He submits that the petitioners have already taken admission in respective sessions and have already completed one and a half years. However, all of a sudden, notice dated 29.11.2023 was issued by the respondent Vinoba Bhave University directing the petitioners to appear in fresh entrance test for the academic session 2022-2025 for LL.B and for session 2022-2027 for B.A. LL.B and the petitioners who were not in the -9- W.P. (C) No.7013 of 2023 W.P. (C) No.1445 of 2024 & W.P. (C) No.1460 of 2024 merit-list, their admission was done on first-come-first-serve basis and in this background the petitioners have been admitted. He submits that the petitioners pursuant to the said notice, have represented before the Chancellor, State of Jharkhand to look into the matter with regard to arbitrary act and the scheduled new date of entrance test. He submits that the subsequently notice for fresh examination by way of special examination is arbitrary and in view of that, the prayer made in the writ petition may kindly be allowed. 6. Mrs. Indrani Sen Choudhary, the learned counsel appearing through Video Conferencing on behalf of the respondent Vinoba Bhave University submits that the petitioners have suppressed the fact that for the same cause of action W.P.(PIL) No.6901 of 2023 was filed by Sri Baibhaw Singh, a former student union leader of Vinoba Bhave University, a law-graduate who was trying to get registered in District Bar Association for practice after getting license from Jharkhand State Bar Council, Ranchi in 2022 and the said case was dismissed as withdrawn by the order of the Division Bench dated 11.12.2023. She submits that a notice for entrance examination for session 2022-2025 for LL.B and for session 2022-2027 for B.A. LL.B was issued by Memo dated 26.08.2022 and the entrance examination was held on 08.09.2022 contained in Annexure-A. She further submits that cut-off marks for entrance examination was fixed by the Examination Board of University in its Resolution dated 12.10.2022 but subsequently after reconsideration, the Examination Board in its Resolution dated 21.10.2022 had fixed the cut-off marks for UNR/OBC/EWS candidates at 40% and for SC/ST/PH at 30% as contained in Annexure-B to the -10- W.P. (C) No.7013 of 2023 W.P. (C) No.1445 of 2024 & W.P. (C) No.1460 of 2024 counter affidavit. In light of the above cut-of marks, a provisional merit- list was published. After completion of last date of admission 35 seats in LL.B and 62 seats in BA.LL.B remained vacant. She submits that to fill up the vacant seats, the cut-off marks was again lowered by 05 marks by the Examination Board in its Resolution in the meeting dated 06.02.2023 as contained in Annexure-C and accordingly the second merit-list was published. She submits that in process of admission of students in BA.LL.B for sessions 2022-2027 and LL.B for the session 2022-2025, mainly two offices were working in the University Law College, Hazaribagh, that is, the Director and the Principal. She submits that it was decided by the Examination Board on 08.06.2023 not to take admission on the seats remained vacant after the second merit-list as contained in Annexure-D. She submits that admission of second merit- list was closed on 28.02.2023 and on the same day a notice was published by the then Principal that the college is a self-financing and it is open for all the students for admission in LL.B and BA.LL.B courses on first-come-first-serve basis till the seats filled up. She submits that the Principal of the College submitted the list of the students for registration in the University and after investigation it was found that the names of some students were out of the merit-list and some of them had not even appeared in the entrance examination. She submits that after enquiry it was found that in BA.LL.B 38 students and in LL.B 18 students were found admitted out of the merit-list while in BA.LL.B 07 students and in LL.B 16 students were admitted as Non-Collegiate. She submits that the students admitted as Non-Collegiate were actually not ex-candidates and out of the list of entrance examination. She submits that a four-member -11- W.P. (C) No.7013 of 2023 W.P. (C) No.1445 of 2024 & W.P. (C) No.1460 of 2024 enquiry committee was constituted dated 10.06.2023 and the committee submited its report in which it was found that 19 students of session 2022-25 and 39 students of session 2022-27 were admitted out-side the list of entrance test. She submits that the matter was placed before the Disciplinary Committee and the said committee on 06.07.2023 and 10.07.2023 has taken a decision to keep the Principal of University Law College away from the process of admission and the administrative work as well as financial work and the Senior Lecturer was made the Principal in Charge of the University Law College till further order by Annexure-F. She submits that a letter was received from the Governor’s Secretariat, Jharkhand vide letter dated 25.10.2023 with several directions including conducting special test for the students who were allowed admission through back door entry. She submits that pursuant to that special examination was conducted on 12.12.2023 in which all the petitioners have not appeared and only five have appeared. She submits that even those five students who have appeared they have not passed in the special examination and to buttress her such argument she draws the attention of the Court to the result brought on record by way supplementary counter affidavit dated 13.09.2024. She submits that for the purpose of examination the Resolution for B.A.LL.B (Hons.) 5 years Integrated Degree Course (Amended) (Choice Based Credit System) has been framed which came into force with effect from the academic year 2018-19. She draws the attention of the Court to the Regulation-8 which is the admission process and submits that in light of that the admission is required to be made strictly on merit by the University otherwise holding written test or interview of the candidates and the Bar has got -12- W.P. (C) No.7013 of 2023 W.P. (C) No.1445 of 2024 & W.P. (C) No.1460 of 2024 no role. She submits that admittedly the proceeding is also initiated against the then Principal and the Director who have allowed backdoor entry and they have already been removed from the services. In this background, she submits that there is no illegality and the petitioners have not competed and in view of that these writ petitions are fit to be dismissed. 7. Mr. Tandon, the learned counsel appearing on behalf of the Jharkhand State Bar Council submits that he has got every sympathy with the petitioners, but, since they have not competed in the examination in spite of further opportunity provided by the University, he is not in a position to support the grievance of the petitioners. 8. Learned counsel for the respondent State submits that the dispute is between the University and the College and the State has got no role. 9. In view of above submission of the learned counsels for the parties the Court has gone through the materials on record including the counter affidavit as well as supplementary counter affidavit filed by the University. It is an admitted position that for academic session of 2022- 2025 for LL.B and for session 2022-2027 for B.A. LL.B the advertisement was made and the merit list was published and petitioners have not qualified in the said examination/ test. The Principal on his own wisdom flouting the regulation of the University has taken a decision to take admission of the students on the basis of first-come-first-serve basis. Regulation 8 of the admission process speaks as under: “8. ADMISSION PROCEDURE Admission shall be made strictly on merit -13- W.P. (C) No.7013 of 2023 W.P. (C) No.1445 of 2024 & W.P. (C) No.1460 of 2024 by the university admission committee either by holding written admission test or interview of the candidate. The result of the admission test, in order of merit, shall be notified in the office notice board and/or website, if any. Any selected student who fails to pay hir/her admission fee and other charges by the date fixed for such payment shall forfeit his/her claim for admission.” 10. Looking to the above regulation, it is crystal clear that the admission is required to be made strictly on merit by the University and ignoring this regulation the Principal has taken admission of the petitioners and when the irregularity was taken to the knowledge of the Chancellor, he has shown compassion to the students and directed to make special entrance examination for them with observation that if they will compete, they will be allowed to continue for the session and pursuant to that the University has conducted the special entrance examination on 12.12.2023 and only five petitioners have appeared in the special entrance examination and rest have not appeared and these five petitioners have not passed the special entrance examination. The result has been brought on record as Annexure-I in the supplementary counter affidavit dated 13.09.2024. Thus, in spite of providing opportunity the petitioners have not been able to compete in the said special entrance examination. The College adopting a wholly unauthorized procedure by admitting the students for academic session of 2022-2025 for LL.B and for session 2022-2027 for B.A. LL.B despite the fact they did not fulfill the minimum prescribed eligibility conditions and even the mandate of the University by way of Regulation has been ignored and it has not been followed. Even if the College was self- -14- W.P. (C) No.7013 of 2023 W.P. (C) No.1445 of 2024 & W.P. (C) No.1460 of 2024 financed institution the proceeding was required to be followed and the guidelines issued by the Hon’ble Supreme Court in the case of T.M.A Pai Foundation and Others v. State of Karnataka and Others and Islamic Academy of Education and Others v. State of Karnataka and Others the case has also been ignored by the College. There is no question of any institution like the petitioner which does not enjoy any protection under Article 30 of the Constitution of India to effect admission to professional courses without reference to merit determined in the combined entrance test. It is therefore, inevitable to return a finding that an un-aided privately managed institution like the petitioner’s College does not enjoy the giving of seats even in the management quota by devising its own procedure or by ignoring the merit of candidates determined through the combined entrance test and as such, there is no merit in the contention of the learned counsel appearing on behalf of the petitioners with regard to the admission by evolving its own merit criteria by the College. The students seeking admission to professional institutions are required to be treated fairly and preferences cannot be shown to the least meritorious, but more influential students and greater emphasis is required to be laid on merit of the students seeking admission. Non-minority unaided institutions, like the minority unaided institution, have also the unfettered fundamental right to choose the students to be allowed admission and the procedure therefor but the admission procedure so chosen by the institution must be fair, transparent and non-exploitative. Merit is to be determined for admission to professional college either by the marks that the student obtains at the qualifying examinations or by a common entrance test. -15- W.P. (C) No.7013 of 2023 W.P. (C) No.1445 of 2024 & W.P. (C) No.1460 of 2024 11. In view of above, and considering that in spite of compassion shown by the Chancellor, only five petitioners have appeared in examination who have also not passed examination/ test and rest have not appeared. As such, no relief can be extended to the petitioners, and accordingly, these petitions being W.P.(C) No.7013 of 2023, W.P.(C) No.1445 of 2024 and W.P.(C) No.1460 of 2024 are, hereby, dismissed. 12. It is open to the petitioners to file a petition within a period of two weeks for return of the fee and the original certificate before the concerned College and the College will consider about the irregularities done by them and pass appropriate order within four weeks further thereafter with regard to refund of the amount deposited by the petitioners. 13. The original certificate deposited by the petitioners shall be returned by the College in question forthwith so that they may be able to take fresh admission according to their choice. ( Sanjay Kumar Dwivedi, J.) SI/, A.F.R. -16- W.P. (C) No.7013 of 2023 W.P. (C) No.1445 of 2024 & W.P. (C) No.1460 of 2024