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Patna High CourtCWJC/12526/2018disposed

Dr. K. K. P. Roy Y. K. Jha College v. The State Of Bihar And ORS

2018-07-05Mr. Justice Chakradhari Sharan Singh7 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12048 of 2018 Halivant Tiwary Womens Degree College, Hardiya, Narkatiyaganj, West Champaran through its Secretary Radheshyam Tiwari, aged about 52 years, Son of Halivant Tiwari, Resident of Parishad Nagar, P.S.- Narkatiyaganj, District- West Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna.

4. The Vice-Chancellor, Babasaheb Bhimrao Ambedkar Bihar University, with Civil Writ Jurisdiction Case No. 12186 of 2018 Bishwanath Roy Degree College, Nirpur, Patepur, Vaishali through its Secretary Vishwanath Prasad Ray, aged about 75 years, Son of Judagi Ray, Resident of Village-Nirpur, P.S. Patepur, District-Vaishali ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna.

2. The Principal Secretary, Human Resources Development Department, Govt.

3. Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its

4. The Vice-Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,

6. The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur with Civil Writ Jurisdiction Case No. 12112 of 2018 Nirmala Devi Ajay Maskara Womens Degree Evening College, Raxaul (East Champaran) through its Secretary Ajay Kumar Maskara, aged about 58 years,

2/7 Son of Basudeo Prasad Maskara, Resident of 109, Post Office Road, Raxaul, East Champaran ... ... Petitioner/s

Versus

1.The State Of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna

2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna

4. The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,

5. The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur

6. The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.

with Civil Writ Jurisdiction Case No. 12515 of 2018 Raghunath Jha Degree College, Sitamarhi through its Secretary Ajit Kumar Jha Son of Raghunath Jha Resident of Amba Ojha Tola, Amwa Kalan, Amua, P.S. - Piprahi, District - Sitamarhi.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna.

4. The Vice-Chancellor, Babasaheb Bhimrao Ambedkar Bihar University, with Civil Writ Jurisdiction Case No. 12127 of 2018 Meena Baskit Rai Degree College, Yadav Nagar, Basara, Rajapakar, Vaishali through its Secretary Vaskit Rai @ Baskit Rai, aged about 53 years, Son of Jaykaran Rai, resident of Village- Bhathadasi, P.S.- Rajapakar, DistrictVaishali. ... ... Petitioner/s

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Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna.

4. The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University, with Civil Writ Jurisdiction Case No. 12185 of 2018 Rameshwar Mahavir Evening Degree College, Harsiddhi, East Champaran through its Secretary Krishnarjun aged about 53 years, Son of Awadhesh Prasad Kushwaha, Resident of Village- Harsiddhi, P.S. Harsiddhi, DistrictEast Champaran ... ... Petitioner/s

Versus

1.The State Of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna

2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna

4. The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,

5. The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur

6. The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.

with Civil Writ Jurisdiction Case No. 12526 of 2018 Dr. K.K.P. Roy Y.K. Jha College, Hasanpur, Manhar (Vaishali) through its Secretary Jugal Kishore Jha aged about 78 years, Son of Siddha Nath Jha, Resident of Village- Hasapur Junaid, P.S.- Mahnar, District- Vaishali. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna. null

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4. The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University, Appearance :

(In Civil Writ Jurisdiction Case No. 12048 of 2018) For the Petitioner/s :

Mr. Arun Kumar For the Respondent/s :

Mr. Smt. Binita Singh- Sc28 (In Civil Writ Jurisdiction Case No. 12186 of 2018) For the Petitioner/s :

Mr. Arun Kumar For the Respondent/s :

Mr. Madanjeet Kumar- GP-20 (In Civil Writ Jurisdiction Case No. 12112 of 2018) For the Petitioner/s :

Mr. Arun Kumar For the Respondent/s :

Mr. Smt. Shilpa Singh - GP-12 (In Civil Writ Jurisdiction Case No. 12515 of 2018) For the Petitioner/s :

Mr. Arun Kumar For the Respondent/s :

Mr. Madhaw Prasad Yadaw -GP-23 (In Civil Writ Jurisdiction Case No. 12127 of 2018) For the Petitioner/s :

Mr. Arun Kumar For the Respondent/s :

Mr. A.R. Pandey- AAG-15 (In Civil Writ Jurisdiction Case No. 12185 of 2018) For the Petitioner/s :

Mr. Arun Kumar For the Respondent/s :

Mr. S.C. Mishra- SC-16 (In Civil Writ Jurisdiction Case No. 12526 of 2018) For the Petitioner/s :

Mr. Arun Kumar For the Respondent/s :

Mr. Prabhakar Jha - GP-27 For the University:- : Mr. Vikash Ratan Bharti CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-07-2018 In the present batch of the writ applications filed under Article 226 of the Constitution of India, following is the common relief, which has been sought by the petitioners for conducting the Degree Courses under B.R.A. Bihar University, Muzaffarpur:- "i. For issuance of an

5/7 appropriate Writ in the nature of Mandamus commanding the Respondents to grant Permanent Affiliation to the petitioner Institution for conducting Degree Courses since the petitioner Institution fulfills each & every criteria for the same.

ii.

For issuance of an appropriate Writ in the nature of Mandamus commanding the Respondent University to allow the students of the petitioner Institution of the Session 20162019 ( Ist Part) to appear in the Examination as they have been admitted in the petitioner's College and have pursued their studies in the petitioner College.

Iii.

For issuance of an appropriate Writ in the nature of Mandamus commanding the Respondent University to allow the failed/promoted students of the petitioner institution of the Session 2015-18 (Ist Part) to appear in the ensuing examination."

2. This is not in dispute that the Colleges do not enjoy the status of affiliated Colleges within the meaning of Section 2(c) read with Section 21(2) (d) of the Bihar State Universities Act, 1976 (hereinafter referred to as 'the Act').

3. In view of the common relief, which has been sought in all the applications, they have been heard together and are being disposed of by the present common judgment and order.

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4. Learned counsel appearing on behalf of the petitioners is not in a position to dispute the fact that these cases are squarely covered by a decision of this Court passed in CWJC No. 518 of 2018 and other analogous cases ( Dr. Jagarnath Mishra Degree, Mahavidyalaya and others Vs. The Vice-Chancellor, Magadh University, Bodh Gaya). The prayer for direction to the University to allow the students of the petitioning Institutions to appear in the examination cannot be granted, in view of the legal position as discussed by this Court in case of Dr. Jagarnath Mishra Degree, Mahavidyalaya (supra).

5. Consequentially, no relief can be granted by issuance of the direction to the respondent University to allow the failed/promoted students of these institutions of Session 2015-18 to appear in the examination.

6. There is yet another relief which the petitioners are seeking; for direction to the respondent University to grant permanent affiliation to the petitioning Institution for conducting Degree Courses. It has been argued that the matter for grant of approval of affiliation is pending with the State Government since long. So far as the grant of approval by the State Government is concerned, this Court has, with the

7/7 consent of the respondents prescribed a time frame for disposal of cases for grant of approval etc, of affiliation in case of Dr. Ram Pramod Thakur and another Vs. The State of Bihar and others passed in CWJC No. 4660 of 2017 disposed of on 26.04.2018.

7. The Respondent-State of Bihar is directed to dispose of the cases for grant of approval, if they are still pending with the Government, strictly in accordance with the direction issued in case of Dr. Ram Pramod Thakur and another Vs. State of Bihar and others (supra).

8. These applications stand disposed of with the observation and direction as above.

(Chakradhari Sharan Singh, J) arun/- U