Islamia Degree College v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3945 of 2023 ====================================================== Islamia Degree College Shahpur, Muzaffarpur (Bihar) through its SecretaryDr. Noor Alam Khan, aged about-66 Years, S/o-Md. Talib Khan, R/o-Millat Colony, Teen Kothia, P.O.-HPO, P.S.-Mitthanpura, Muzaffarpur-842001 ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secreary, Education Department, Government of Bihar, Patna.

2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Education Department, Government of Bihar, 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.Siyaram Pandey, Advocate For the State :

Mr.Subhash Chandra Mishra, SC-16 Mr. Madhukar Mishra, AC to SC-16 For the University : Mr. Viveka Nand Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner, learned counsel for the University and learned counsel for the State. Petitioner in the present case is seeking a writ in the nature of a writ of mandamus directing the respondents to release aid-in-grant to the petitioner's college for the academic session 2011-14 and 2012-15 based upon the academic performance of the college.

Learned counsel for the petitioner submits that in terms of the government's policy the college is eligible to get

Patna High Court CWJC No.3945 of 2023(2) dt.20-06-2023 2/3 the aid-in-grant and in fact the college has been provided with the aid till the academic session 2010-13. It is submitted that for the academic sessions in question the required details have already been given to the respondent concerned and the petitioner fulfills the eligibility in terms of the Resolution No.1846 dated 21.11.2008 issued by the Human Resource Development Department (now Education Department), Government of Bihar.

At this stage, learned counsel for the petitioner submits that he may be granted liberty to file an appropriate representation drawing the attention of the present Additional Chief Secretary/Principal Secretary of the Education Department, Government of Bihar towards the pending request of the petitioner.

Learned counsel for the State submits that if any such representation is filed with the competent authority, the same will be examined and considered in accordance with the government's policy and an appropriate decision thereon shall be communicated to the petitioner.

Having regard to the submissions noted hereinabove, this Court is disposing of this writ application with liberty to the petitioner to file an appropriate representation with all

Patna High Court CWJC No.3945 of 2023(2) dt.20-06-2023 3/3 supporting materials to satisfy its eligibility in terms of the government's policy within a period of thirty (30) days from today with the Additional Chief Secretary/Principal Secretary of the Education Department, Government of Bihar. On receipt of such representation, the Additional Chief Secretary/Principal Secretary of the Department shall examine the same and take an appropriate decision thereon within a period of three months from the date of receipt of the representation. The decision shall be communicated to the petitioner as early as possible. (Rajeev Ranjan Prasad, J) arvind/- U