Pt. Vedanand Umesh Mishra Ramjanki College Mahua v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15349 of 2018 ====================================================== Pt. Vedanand Umesh Mishra Ramjanki College Mahua, Vaishali. through its Secretary Umesh Mishra, age about 62 years, Son of Late Vedanand Mishra, Resident of Village- Gaddopur, P.S.- Mahua, District- Vaishali. Presently residing at Pt Ujjwal Kumar Mishra Foundation College Dhanauti Marai Road Hajipur, Vaisali.

... ... 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. Mahendra Thakur For the Respondent/s :

Mr. Jitendra Kr.Roy-1 SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-08-2018 Heard learned counsel for the parties.

2. This writ application has been filed seeking direction to the respondents to grant permanent affiliation in favour of Pt. Vedanand Umesh Mishra Ramjanki College, Mahua, Vaishali. A direction to the Respondent, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur to allow the students of the College in forthcoming Examination, who had been admitted in the College is also being sought.

Patna High Court CWJC No.15349 of 2018(2) dt.06-08-2018 2/3

3. Learned Counsel for the petitioner very fairly agrees that this writ application is covered by this Court's decision dated 05.07.2018 in case of Halivant Tiwary Womens Degree College, Hardiya, Narkatiyaganj, West Champaran Vs. State of Bihar and other analogous cases (CWJC No. 12048 of 2018 and other analogous cases), since admittedly the College does not enjoy 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 (hereinafter referred to as 'the Act').

4. That being the admitted position, the relief in terms of the direction to the respondent University to allow the students of the Institution to appear in the examination cannot be granted.

5. Learned counsel for the petitioner states that the matter for grant of approval of affiliation is pending with the State Government since 2015.

6. This writ application is disposed of with a direction to the Principal Secretary, Education Department, Government of Bihar to ensure that a decision is taken on the question of grant of approval of affiliation under Section 21(2) (d) of the Act within a period of two months from the date of

Patna High Court CWJC No.15349 of 2018(2) dt.06-08-2018 3/3 receipt/production of a copy of this order.

7. This disposes of the application.

(Chakradhari Sharan Singh, J) arun/- U