The Governing Body, Uvk College, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4030 of 2026 ====================================================== 1.

The Governing Body, UVK College, Karama, Alamnagar, Madhepura through its Member- cum-Teachers Representative namely Shiv Kumar Yadav, Male, aged about 58 years, S/o Lt. Hitlal Yadav, R/o Fulkiya, Ward No. 05, P.O. and P.S.- Chausa, Dist.- Madhepura, Bihar- 852213. 2.

The Governing Body, Madhepur College, Madhepura through its Membercum- Teachers Representative namely Ratnakar Bharti, Male, aged about 54 years, S/o Lt. Kusum Lal Prasad, R/o Yadav Tola, Ward No. 12, P.O. and P.S.- Murliganj, Dist.-Madhepura, Bihar- 852122. 3.

The Managing Committee, Womens College, Kaushalya Gram, Madhepura through its In- Charge Principal namely Nilu Kumari, Female, aged about 51 years, W/o Sujit Kumar, R/o Fulkiya, Ward No. 16, Thana Chowk, P.O. and P.S.and Dist.-Madhepura, Bihar- 852113.

4.

The Managing Committee, Evening College, Madhepura through its Principal namely Dinesh Prasad, Male, aged about 58 years, S/o Lt. Bindeshwari Prasad Yadav, R/o Ward No. 02, Kaushalya Gram, P.O. and P.S. and Dist.- Madhepura, Bihar-852113.

5.

The Governing Body, S.A.K.N Degree College, Kirti Nagar, Madhepura through its In Charge Principal- cum- The Chairman, Affiliated College Principal Association, Unit-B.N. Mandal University namely Deo Prakash, Male, aged about 64 years, S/o Late Hari Nandan Yadav, R/o Neelam Sadan, Ward No. 01, Near Electricity Board, P.O. and P.S. and Dist.- Madhepura, Bihar- 852113.

6.

The Governing Body, Evening College, Saharsa through its In-Charge Principal namely Raj Kumar Jha, Male, aged about 56 years, S/o Late Naresh Jha, R/o Parwari Sadan, Hariya Gachhi, Manas Nagar, Ward No. 32, P.O. and P.S. and Dist.- Saharsa, Bihar-852201. 7.

The Governing Body, L. N College, Bangaon, Saharsa through its Secretary namely Umashankar Khan, Male, aged about 72 years. S/o Hemnarayan Khan, R/o 8, Bangaon South, Bishahari Sthan, Ward No. 07, P.O. and P.S.- Bangaon, Dist.-Saharsa, Bihar-852212.

8.

The Managing Committee, Kamla Rana Science College, Sapardah Puraini, Madhepura through its Secretary namely Prashant Kumar, Male, aged about 37 years, S/o Rana Prasad Yadav, R/o Vill.- Sapardah, P.S.- Puraini, Dist.- Madhepura, Bihar- 852210.

9.

The Managing Committee, SKDE College, Udakishunganj, Madhepura through its In- Charge Principal namely Anil Kumar Mehtar, Male, aged about 45 years, S/o Baleshwar Mehtar, R/o Ward No. 06, Near High School, Vill. Majharpatti, Kishanganj, P.O.- Udakishunganj, Dist.-Madhepura, Bihar- 852220.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2/6 2.

The Secretary, Education Department, Government of Bihar, Vikas Bhawan, Patna, Bihar- 800015.

3.

The Director, Higher Education, Education Department, Government of Bihar, Vikas Bhawan, Patna, Bihar-800015.

4.

The Chancellor of Universities- cum- The Governor of Bihar through its Principal Secretary, Lok Bhawan, Patna, Bihar-800022. 5.

The B.N. Mandal University, Laloo Nagar, Madhepura through its Registrar. 6.

The Vice Chancellor, B.N. Mandal University, Laloo Nagar, Madhepura, Bihar- 852113.

7.

The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura, Bihar852113. 8.

The Financial Advisor, B.N. Mandal University, Laloo Nagar, Madhepura, Bihar-852113.

9.

The Dean of Student Welfare, B.N. Mandal University, Laloo Nagar, Madhepura, Bihar- 852113.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishwash Vijeta, Adv.

Mr. Purushottam Kumar Jha, Adv.

Mr. Ram Naresh Jha, Adv.

For the Respondent/s :

Mr. Government Pleader-17 Mr. S.K. Ranjan, AC to GP-17 For the B.N.M.U :

Md. Nadim Seraj, Adv.

For Chancellor (Respondent No.4) :

Mr. Sajid Salim Khan, Sr. Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 18-06-2026 Heard learned counsel for the petitioner colleges, learned counsel for respondent-State, learned counsel for B.N. Mandal University, learned Senior Counsel for the Chancellor of University (respondent no.4).

2. The petitioner colleges in the present writ application have prayed for the grant of following reliefs: "(i) For issuance of a writ in the respondents concerned to release the amount of Reimbursement /

3/6 Compensation (izfriwfrZ) for the losses suffered by the petitioners' colleges in the admission process of students since 2016- 17 to till date, as has been provided in a policy decision of the State of Bihar vide Resolution No.

15/Mi-197/2014 dated 24.07.2015 (Annexure-P/1 to this writ petition).

OR IN ALTERNATIVE (ii) For issuance of a writ in the respondents concerned to allow the petitioners colleges to collect the fees at the time of admission, from the students, who have been specified in said Resolution No. 15/M1-197/2014 dated 24.07.2015 until the respondent Education Department of the State Government releases the amount of Reimbursement/ Compensation (izfriwfrZ) , as has been done in the T.M.

Bhagalpur University, Bhagalpur, vide Letter No. DSW/57/2025 dated 08/05/2025 (Annexure P/17), where the Respondent No. 6 himself has been functioning as the In- Charge ViceChancellor of the said T.M. Bhagalpur University, Bhagalpur.

(iii) For issuance of a writ in the nature of certiorari quashing Letter No. 173 dt. 13.02.2025 (Ann - P/16), whereby the Secretary, Education Department has capped the quantum of Reimbursement/Compensation (izfriwfrZ) @ 1500/- per student per semester, which is in complete disregard to the Ordinance approved by the Hon'ble Chancellor of Universities as contained in Letter No.- BSU(UGC)-02/2023-687 dated 15.05.2023 (Annexure-P/4).

4/6 (iv) For issuance of a writ in the respondents concerned to initiate the process of Reimbursement/Compensation (izfriwfrZ), at the earliest, that too, in accordance with the Ordinance approved by the Hon'ble Chancellor of Universities ascontained in Letter No.- BSU(UGC)-02/2023-687 dated 15.05.2023 (Annexure - P/4).

(v) For issuance of a writ in the nature of mandamus commanding the respondents concerned to pay interest at least @ MCLR of SBI, to the petitioner colleges for the inordinate delay caused by the respondents concerned in the process of payment of Reimbursement/Compensation (izfriwfrZ) for the losses caused to the petitioners in the admission process of the students as has been provided in the Resolution of the State Government as contained in Resolution No. 15/M1-197/2014 dated 24.07.2015.

(vi) For grant of any other relief (s) to which the petitioners may be found entitled to in the given facts and circumstances of this case."

3. After advancing some argument, learned counsel appearing for petitioner colleges submits although on previous occasion several representation/requests have been made by the colleges for grant of the aforesaid reliefs, but still they are ready to file a fresh representations before the Secretary, Education

5/6 Department, Government of Bihar, Patna (respondent no.2) for claiming the aforesaid reliefs. He further prays that an appropriate direction be issued to the Secretary, Education Department, Government of Bihar, Patna to dispose of the representations which would be filed by the petitioner colleges, within a fixed time frame, after giving an opportunity of hearing to the petitioner colleges.

4. To the aforesaid submission made by learned counsel for the petitioner colleges, learned counsel for respondent-State, learned counsel for B.N. Mandal University, learned Senior Counsel for the Chancellor of University do not have any objection.

5. Considering the limited nature of request made by the learned counsel appearing for petitioner colleges, this writ application is disposed of granting liberty to the petitioner colleges to file separate representations before the Secretary, Education Department, Government of Bihar, Vikash Bhawan, Patna within one month from today. If such representations are filed within the stipulated time, the Secretary, Education Department, Government of Bihar, Patna shall dispose of the same within a period of six months from the date receipt of the representations after giving opportunity of hearing to the

6/6 petitioner colleges and other relevant parties. Needless to emphasize that the final order which shall be passed by the Secretary, Education Department, Government of Bihar, Vikash Bhawan, Patna should be a reasoned and speaking order. It is further clarified that if the petitioner colleges are found entitled to amount of reimbursement/compensation, which they would be claiming through the separate representations, the same should be paid to the petitioner colleges within a further period of three months from the date of passing of the final order.

6. With the aforesaid observation, direction and liberty granted the present writ application stands disposed of. All pending I.As, if any will be deemed to have been disposed of.

(Alok Kumar Sinha, J) Prakash Narayan U