Rajdeo Roy Degree College, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2647 of 2023 ====================================================== Rajdeo Roy Degree College, Kiratpur Rajaram, Bhagwanpur, Vaishali through its Secretary Saiyad Mahatab Alam aged about 42 years, (Male), Son of Saiyiad Alauddin Ahamd, R/o Village- Chehra Kala, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Education Department, Patna.

2.

The Deputy Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Higher Education, Patna.

4.

The B.R.A. Bihar University, Muzaffarpur through its Registrar. 5.

The Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur. 6.

The Registrar, B.R.A. Bihar University, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh, Adv.

For the Respondent/s :

Mr. Subhash Chandra Mishra, S.C.-16 Mr. Sanjeev Kumar, Adv.

Mr. Indrajeet Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-09-2024 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. By filing the present writ application, the petitioner has prayed for issuance of an appropriate writ(s)/direction(s) commanding the respondent Authority to consider and approve permanent affiliation from 2021-2024 session of B.Sc., B.A., B.Com (Honours) of Rajdeo Roy Degree College, Kiratpur Rajaram, Bhagwanpur, Vaishali as it has been passed by New Teaching and Affiliation Committee, Academic Council, Syndicate and Senate of the University.

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3. The fact of the case, in brief, is that the petitioner College had applied to B.R.A. Bihar University, Muzaffarpur for grant of affiliation in Arts, Science and Commerce Pass Course and Hons. Course from 2021-24 sessions and onwards. Considering the proposal of the petitioner College, the University constituted an inspection team, which inspected the institution and submitted its report on 22.01.2021 with recommendation for grant of affiliation for the Sessions 202124 and 2022-25 in the faculties of Arts, Science and Commerce Pass Course and Hons. Course. The recommendation of the inspection team was placed before various statutory bodies, who considered the matter and grant their approval for affiliation. In light of the approval from various statutory bodies of the University, the University vide letter no. B/911 dated 08.06.

2021 had forwarded the recommendation to the Education Department, Govt. of Bihar for grant of affiliation to the petitioner College for the Session 2021-24 and 2022-25 in the faculties of Arts, Science and Commerce Pass Course and Hons. Course, but the State Government has not taken any decision with regard to affiliation of the petitioner College as yet.

4. Learned counsel for the petitioner submits that the

3/4 Principal Secretary of the college represented his concern regarding affiliation of the College before the concerned Authorities by way of written representations, but till date nothing was done for redressal of grievance of the petitioner.

5. Learned counsel for the University submits that grievance of the petitioner College is not pertaining to the University as the University vide letter No. B/911 dated 08.06.2021 had forwarded the recommendation to the Government of Bihar for grant of affiliation. Therefore, the same is required to be considered and redressed by the Education Department, Government of Bihar.

6. Considering the submissions advanced on behalf of the parties, the Court deems it fit and proper to direct the Director, Higher Education, Patna (respondent no.3) to pass a reasoned and speaking order in view of the letter no. B/911 dated 08.06.2021 forwarded by the University for grant of affiliation to the petitioner College within a period of two weeks from the date of receipt/production of a copy of this order.

7. It is made clear that the respondent no.3 shall be personally responsible for non-compliance of this order within the stipulated period.

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8. With the aforesaid direction, this writ application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U