Jharkhand High Court
Radha Govind Munda vs The State Of Jharkhand And Ors on 17 January, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 5822 of 2024
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1. Radha Govind Munda.
2. Suraj Kumar Mahto
3. Karan Kumar Prajapati
4. Suraj Kumar
5. Subhash Bhagat ....Petitioners
Versus
The State of Jharkhand and Ors. ....Respondents
With
W.P. (C) No. 6823 of 2024
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1. Nisar Munda
2. Ram Pahan
3. Dhiraj Kumar Manjhi
4. Gonda Hassa Purty
5. Odar Mundu
6. Junul Hemrom
7. Amit Kiro
8. Nehmiya Mundu
9. Simon Tiru
10.Net Tiru
11.Sunita Hassa
12.Duban Tuti
13. Emlen Purti
14. Manju Kumari
15. Lalita Purti
16. Mariyam Purti
17. Nirmala Kujur
18. Nobel Kujur
19. Shakuntla Tiru
20. Bingan Hassa ....Petitioners
Versus
The State of Jharkhand & Ors. ....Respondents
With
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1. Niraj Gope
2. Priti Kumari
3. Vikash Munda
4. Rohan Lohra
5. Manisha Kumari
6. Navin Kujur
7. Shrimati Kumari
8. Arun Oraon
9. Divya Kalpna Tirkey
10. Karan Mahli
11. Faraj Mansuri
12. Rajni Khalkho
13. Gulafsa Khatton
14. Tahmina Parween
15. Khusbu Parween
16. Alex Rahul Tigga
17. Rajni Khes
18. Manisha Lakra
19. Adit Ekka
20. Sujit Ekka
21. Bikash Kumar
22. Fulo Kumari
23. Ankit Oraon
24. Rama Oraon
25. Ritu Kumari
26. Shweta Oraon
27. Neha Ali
28. Anisha Minj
29. Jayman Kujur
30. Khusbu Khalkho
31. Mohit Kumar Yadav
32. Mohit Gope
33. Suman Kumari
34. Alpana Minj
35. Shyam Kumar Sahu
36. Gyan Ranjan Lohra
37. Ujjwal Xaxlo
38. Ravi Oraon
39. Arpana Oraon
40. Ritik Kuzur
41. Arpan Kujur
42. Ishu Oraon
43. Ravi Oraon
44. Krishna Munda
45. Mansi Kumari
46. Ashok Tirkey
47. Sukhdev Oraon
48. Rajkumar Oraon
49. Vivekanand Kumar Say
50. Sumitra Kumari ....Petitioners
Versus
The State of Jharkhand & Ors. ....Respondents
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioners : Mr. Ajit Kumar, Sr. Adv.
(in W.P.(C) Nos. 6823/6846 of 2024)
Mr. Shree Krishna Pandey, Adv.
Mr. Niladri S. Mukharjee, Adv.
Mr. Pankaj Kumar, Adv.
Mrs. Sandhya Singh, Adv.
[in W.P.(C) No.5822 of 2024]
For the Resp.-State : Mr. Sanket Khanna, A.C. to AAG-V
For the Ranchi University : Mr. Anoop Kr. Mehta, Adv.
Mr. Amit Kumar Sinha, Adv
[in all cases]
For the Res. Nos. 5 to 7 : Mr. Ajit Kumar Sinha, Sr. Adv
For the Resp.-JAC : Mrs. Richa Sanchita, Adv.
Mrs. Pinky Shaw, Adv.
[in all cases] -
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07/Dated:-17.01.2025
The grievance of the petitioners in all these writ
applications is that though they have taken admission in
respective colleges for intermediate course, but they are not being
allowed to register with the respondent-Jharkhand Academic
Council.
2. Mr. Ajit Kumar, learned Senior Counsel draws
attention of this Court towards Annexure-4/1 of W.P.(C) 6823 of
2024) and submits that there was a scheme of the Government to
phase out the intermediate studies from the colleges. He stressed
the word "phase out in a phased manner". He further draws
attention of this Court towards Annexure-6 of the said writ
application being W.P.(C) 6823 of 2024 that the Ranchi University
pursuant to that had also issued a letter to the Principal of
different colleges with regard to taking admission of the concerned
students. However, all of a sudden vide order dated 23.04.2024,
the earlier order directing the Principals to take admission of the
students in intermediate colleges were cancelled and pursuant to
that vide Annexure-14 to the said writ application being W.P.(C)
6823 of 2024, the admission of the students were cancelled
without assigning any reason. Pursuant thereto; a public interest
litigation was filed which was ultimately dismissed, but a liberty
was given to the individual students to raise their grievance before
the appropriate forum, inasmuch as, the PIL was not
maintainable. However, in the meantime, Annexure-11 to the said
writ application was also issued allowing admission of the
students by the respective constituent colleges (Annexure-12
series).
3. Mr. Kumar, submits that the urgency for this case to
be heard today is that 18th January, 2024 is the last date for
registration for the students for Session 2024-26 and if the
students will not be allowed to register their names either through
their respective colleges or in individual capacity, then the entire
period shall go in vain, which will lead to interruption of their
studies and will have a very bad impact at their tender age.
4. Accordingly, he submits that at least now, an interim
order may be passed directing the respondent-Jharkhand
Academic Council to get their names registered through their
colleges/individual capacity.
5. Mr. Ajit Kumar Sinha, learned senior counsel
appearing for the respondent colleges submits that the instant
writ application is infructuous, inasmuch as, the issue has been
settled against these petitioners up till Hon'ble Apex Court; as
such, nothing can be done at this stage. He further referred to the
judgment passed in the case of Ramjit Singh Kardam and
Others vs. Sanjeev Kumar and Others reported in (2020) 20
SCC 209 Para-80 and C.Channabasavaih Etc. Etc. vs. State of
Mysore and Others reported in AIR 1965 SC1293 Para-9 and
submits that it is immaterial that the fate of the students will be
hampered by one year when the initial admission of those
students itself was a conditional one and Ranchi-University has
specifically issued the letter authorizing the colleges to take
admission of the students subject to the final outcome of PIL
which was ultimately decided against these petitioners.
6. Mrs. Richa Sanchita, learned counsel appearing for the
Jharkhand Academic Council submits that they are acting as per
the direction of the University; as such, they are unable to get
register the names of the petitioners as a student of any college
because the respective colleges have cancelled the admission of
the students.
7. Having regard to the aforesaid facts and circumstances
of the case and the submissions of the rival parties, it appears
that at this stage, the only question is with regard to the
registration of the candidates who initially took admission in the
respective colleges as intermediate students for the Session 2024-
26. It also appears from record that initially Ranchi University
issued a letter to the different colleges with regard to admission,
however, subsequently, it was cancelled. It is also evident from
record (Annexure-5 of W.P. (C) No. 6823 of 2024) that the
respondent-Jharkhand Academic Council had also issued a letter
dated 22.03.2024 to take admission of the students and to phase
out the intermediate studies in slow process so that finally, there
should not be any intermediate colleges.
Admittedly, whatever may be the reason; the students
took admission in the respective colleges as intermediate student
for the Session 2024-26. It is also true that the same was done
pursuant to the interim order passed by this Court in PIL which
was ultimately dismissed and it is also not in dispute that the
Ranchi University as well as the Jharkhand Academic Council
issued instructions/letters allowing different colleges to take
admission.
Though, such admission and/or letter allowing the
colleges to take admission was due to the interim order passed in
the PIL which was ultimately dismissed, but this Court cannot
ignore the fact that in the public interest litigation (W.P.(PIL) No.
3391 of 2024); which was though dismissed against the petitioner
of that case but the Division Bench of this Court has observed
that the students who are seeking admission can only be said to
be aggrieved and none others and in the last portion of the said
order it has been clearly indicated that "however before parting
with the order, it is made clear that the students, if so aggrieved,
may approach appropriate forum by filing independent writ
applications for its consideration on its own merit."
Thus, the students were given liberty to raise their
individual grievance and perhaps due to that reason, this batch of
writ applications were filed when the conditional admissions of the
candidates were cancelled.
8. Looking to the urgency of the case that the registration
process for the upcoming examination of the students for the
Session 2024-26 is going to end on 18th January, 2025; interest of
justice demands that all the students including the petitioners of
this batch of writ applications who have taken admission in these
colleges for the Session 2024-26 shall approach the respondent-
Jharkhand Academic Council with all the relevant documents
evidencing their admission before the respective colleges and the
Academic Council in turn is directed to register their names either
as an independent candidate/student or through the college so
that they can appear in the upcoming examination.
At this stage, it is also relevant to observe that since
the last date of registration is only tomorrow it may be difficult for
the petitioners and all those students to get their registration by
tomorrow due to lack of communication; accordingly, the
Respondent-Jharkhand Academic Counsel shall extend the last
date of Registration by another week i.e. till 25th of January, at
least for these petitioners and similarly situated students, to get
their names registered for the session 2024-26.
9. Mr. Ajit Kr. Sinha, learned senior counsel appearing for
the respective colleges is directed to file a comprehensive affidavit
in support of his contention within a period of three weeks.
10. List these cases on 21.03.2025.
11. It goes without saying that this order has been passed
in open court; as such, the academic council shall not insist the
petitioners and/or similarly situated students to show the certified
copy of this order.
(Deepak Roshan, J.)
Amardeep/vikas/-
