Baba Bhagwat Rai Degree College v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13929 of 2018 ====================================================== Baba Bhagwat Rai Degree College, Telhua, Nautan, West Champaran through its Secretary Vibhuti Narayan Rai, aged about 52 years, Son of Late Rajdeo Rai, Resident of Village - Telhua, P.S. - Nautan, 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.
2. The Principal Secretary Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna.
3. Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its Registrar.
4. The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.
5. The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.
6. The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Mr. Bipin Kumar For the Respondent State:
Mr. Madhav Prasad Yadav, GP-23 For BRABU :
Mr. Mritunjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 19-07-2018 The petitioner is seeking a direction for commanding the respondents to grant permanent affiliation for the session 2015-18 for conducting degree courses. At the same time, the petitioner is seeking direction to the University to accept registration fee and form, examination fee and form of the students of the petitioner institution for the session 20162019. This is an admitted fact that the college in question does not have the status of an affiliated college within the meaning of Section 2(c) read with Section 21(2) (d) of the Bihar State Universities Act, 1976. In view of the law discussed, in relation to grant of affiliation discussed in case of Dr. Jagarnath
Patna High Court CWJC No.13929 of 2018 dt.19-07-2018 2/2 Mishra Degree, Mahavidyalaya and others Vs. The Vice-Chancellor, Magadh University, Bodh Gaya (CWJC No. 518 of 2018), in the judgment and order dated 20.06.2018, the relief as claimed in the writ application can not be granted since college, which is not affiliated to the University, could not have undertaken the process of admission. Since the college is not affiliated, the Court cannot issue a direction to the University to allow the students to fill up the examination form etc. This application has no merit and accordingly stands disposed of. It goes without saying that the respondents shall be obliged to consider the petitioner's case for grant of affiliation in the light of this Court's decision in case of Dr. Ram Pramod Thakur and another Vs. The State of Bihar and others dated 26.04.2018 passed in CWJC No. 4660 of 2017. (Chakradhari Sharan Singh, J) Pawan-Ragini AFR/NAFR N.A.F.R.
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