IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7606 of 2008 ABHIMANU KUMAR & ANR Versus THE STATE OF BIHAR &ORS For the Petitioners :Mr.Manish Kumar & :Mr.Javed Aslam For the State :Mrs.Nivedita Nirvikar(GP 16) For the AICTE :Mr.S.N.Pathak For the University :Mr.Jai Shankar barnwal ----------- 3. 15.09.2008 Heard learned counsel for the petitioners, learned counsel for the All India Council for Technical Education and learned counsel for the Magadh University. In terms of the order dated 7.8.2008 for service of Dasti summons upon the Principal of the institution concerned, in view of urgency of the matter and the academic career of the petitioners, supplementary affidavit has been filed to the effect that the Dasti summons have been served upon respondent no.7 by the petitioners with a proof of acknowledgement. Registered notices have also been issued. No one appears on behalf of respondents no.7 The respondent no.7, the Nalanda College, Biharsharif, issued a prospectus inviting applications for MBA and MCA courses. It is the case of the petitioners that the prospectus stated that it was affiliated to the Magadh University and duly approved by the AICTE insofar as the two courses were concerned. Petitioner no.1 was admitted to the MCA course for session 2006-2009 and petitioner no.2 - 2 - to the MBA course for session 2006-2008. While the former is a course of three years, the latter is a course of two years. Semester examinations were also held. It then transpired that the institution was not recognised by the AICTE, but that Respondent no.7 had sent a request for such recognition only on 28.10.2007 for MBA session 2006-2007 after admission had been taken on the representation that the institution had AICTE approval. In like manner, the affiliation for the MCA course for session 2006-2007 was sought by the institution after it had granted admission on the representation of being a recognised institution. When these issues were raised, a press communiqué was issued by the Director Science and Technology, Govt. of Bihar, that some institutions without grant of affiliation were imparting education without the approval of the AICTE and that the guardians were cautioned against the same. Perturbed about the fate of their career when they had passed semester examinations which were of no use in view of lack of AICTE recognition, the petitioners claimed to have lodged a first information report. Learned counsel for the AICTE submits that it has already responded to the application by respondent no.7 that its request for recognition was belated for the session in question but nonetheless if a proper application in accordance with law was submitted for respective courses for the duration prescribed to commence from the date of the application, the same shall be considered in accordance with law. - 3 - This Court finds itself helpless on the plea of the petitioners, seeking compassion, in view of the issue of their academic careers. Compassion cannot override the law. If there be no recognition from AICTE, this Court shall not have the jurisdiction to pass any directions. All that can be said is that this Court expects that the AICTE shall appropriately consider the matter in accordance with law keeping in mind the predicament of the students who have been misled by respondent no.7 and take expeditious decision, provided there is an application in accordance with law from respondent no.7. Before parting with the case, this Court considers it necessary to observe in the seriousness of the matter that both respondent no. 5 and the State Government shall wake up to the matter and take appropriate steps in accordance with law against whosoever they may be and who be concerned with the fate of the petitioners and on whose representation the petitioners have landed in the present predicament. If an FIR be lodged, this Court directs that same be taken to its logical conclusion expeditiously without unnecessary delay. The writ application stands disposed off. HR ( Navin Sinha )