Admerit College Western Campus v. Magadh University, Bodh Gaya Through Its Vice Chancellor And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12492 of 2017 =========================================================== M G M College, Kankarbag, Main Road, Patna through its Director Namely Seema Mishra, aged about 39 Years W/o Dr. P.P. Mishra Resident of Jagat Narayan Road, P.S. Kadam Kuan, District- Patna,.
.... .... Petitioner/s
Versus
1. Magadh University Bogh Gaya through its Vice Chancellor.
2. The Vice Chancellor, Magadh University, Bodh Gaya.
3. The Registrar, Magadh University, Bodh Gaya.
4. The Examination Controller, Magadh University, Bodh Gaya.
5. The State of Bihar through the Principal Secretary, Human Resources Development Department, New Secretariat, Patna.
6. The Principal Secretary, Human Resources Department, New Secretariat, Patna.
7. The Joint Secretary, Human Resources Development Department, New Secretariat, Patna.
8. The Director, Human Resources Development Department, New Secretariat, Patna.
.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 12568 of 2017 =========================================================== Cybotech Campus, Boring Patliputra Road, Near Pani Tanki More, Patna- 800013 through its Director Abhijit Kumar aged about 42 Years, son of Late N.P. Sharma, House No. 60, Gandhi Path, Nehru Nagar, P.S.- Patliputra, District- Patna. .... .... Petitioner/s
Versus
1. Magadh University, Bodh Gaya through its Vice Chancellor,
2. The Vice Chancellor, Magadh University, Bodh Gaya.
3. The Registrar, Magadh University, Bodh Gaya.
4. The Examination Controller, Magadh University Bodh Gaya.
5. The State of Bihar through the Principal Secretary, Human Resources Development Department, New Secretariat, Patna.
6. The Principal Secretary, Human Resources Development Department, New Secretariat, Patna.
7. The Joint Secretary, Human Resources Development Department, New Secretariat, Patna.
8. The Director, Human Resources Development Department, New Secretariat, Patna.
.... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 12663 of 2017 =========================================================== Admerit College Western Campus, 4 Complot, S.K. Puri, Boring Road, Patna
2/4 through its Director Sanjay Ranjan, Son of Shri R.N. Dwivedi, Opposite Maheshwar Kunj Apartment, East Boring Canal Road, P.S.- Buddha Colony, District- Patna.
.... .... Petitioner/s
Versus
1. Magadh University, Bodh Gaya through its Vice Chancellor.
2. The Vice Chancellor, Magadh University, Bodh Gaya.
3. The Registrar, Magadh University, Bodh Gaya.
4. The Examination Controller, Magadh University, Bodh Gaya.
5. The State of Bihar through the Principal Secretary, Human Resources Development Department, New Secretariat, Patna.
6. The Principal Secretary, Human Resources Develoment Department, New Secretariat, Patna.
7. The Joint Secretary, Human Resources Develoment Department, New Secretariat, Patna.
8. The Director, Human Resources Development Department, New Secretariat, Patna.
.... .... Respondent/s =========================================================== Appearance :
(In CWJC No.12492 of 2017) For the Petitioner/s : Mr. Arun Kumar, Adv. Mr. Bipin Kumar, Adv.
Mr. Raghubir Chandrayan, Adv.
For the Respondent/s : Mrs. BINITA SINGH -SC28 Mr. Nishant Kumar Jha, AC to SC-28 For the University Mr. Shivendra Kishore, Sr. Adv. Mr. Ritesh Kumar, Adv.
(In CWJC No.12568 of 2017) For the Petitioner/s : Mr. Arun Kumar Mr. Raghubir Chandrayan, Adv.
For the Respondent/s : Mr. MADHAW PRASAD YADAV -GP23 Ms. Meera Singh, AC to GP -23 For the University Mr. Shivendra Kishore, Sr. Adv. Mr. Ritesh Kumar, Adv.
(In CWJC No.12663 of 2017) For the Petitioner/s : Mr. Arun Kumar Mr. Raghubir Chandrayan, Adv.
For the Respondent/s : Mr. KAMESHWAR KUMAR - GP17 Mr. Amit Bhushan, AC to GP-17 For the University Mr. Shivendra Kishore, Sr. Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 07-11-2017
3/4 It is the grievance of the petitioners, which are privately managed colleges that they are not getting affiliation for the academic session 2017-18 for certain vocational courses in the absence of fixation of seats by the State Government. It has been submitted that the matter of fixation of seats in such vocational courses is moving from University to the State Government and vice-versa, without any final result.
A counter affidavit has been filed on behalf of the respondent/State of Bihar bringing on record a letter dated 19.09.2017 addressed to the Vice Chancellors of all the Universities of the State of Bihar to send concrete proposal in respect of fixation of seats in the vocational courses. It is not known whether the Magadh University, Bodh Gaya has responded to the said letter dated 19.09.2017 or not. Considering the facts and circumstances of the case, this Court dispose of the writ application with a direction to Magadh University, Bodh Gaya to respond to the said communication, as contained in letter no. 15/M1-101/2013-1700 dated 19.09.2017 issued by the Education Department, Government of Bihar within a maximum period of one month, though, it is desirable, keeping in mind the academic session that the University sends the response even earlier. If the State Government receives the reply of the University in response to the communication dated 19.09.2017, the State
4/4 Government will be required to take a final decision within one month, thereafter.
It is also the case of the petitioners that the University has recommended for grant of affiliation for two years. The matter is said to be pending with the State Government. The State Government is directed to consider that aspect also and take a decision within a period of two months.
With these observations and directions, this application stands disposed of.
(Chakradhari Sharan Singh, J) Vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.11.2017 Transmission Date NA