International Business College v. Patliputra University, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5099 of 2019 ====================================================== International Business College Karmali Chak, Patna City, Patna through its Director namely Dharmendra Kumar, aged about 50 years (Male) Son of Kapil Deo Singh, Resident of Flat No. 2 C, Bhuvneshwari Kutir, P. S. Shastri Nagar, New Punai Chak, Patna, Bihar.

... ... Petitioner/s

Versus

1.

Patliputra University, Patna through its Vice Chancellor. 2.

The Vice Chancellor Patliputra University, Patna. 3.

Magadh University Bodh Gaya, through its Vice Chancellor. 4.

The Vice Chancellor Magadh University, Bodh Gaya. 5.

The Registrar Patliputra University, Patna.

6.

The Examination Controller Patliputra University, Patna. 7.

The State of Bihar through the Principal Secretary Human Resources Development Department, New Secretariat, Patna. 8.

The Director Human Resources Development Department, New Secretariat, Patna.

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

For the Petitioner/s :

Mr.Tej Bahadur Singh, Sr. Advocate For the State :

Mr. Madanjeet Kumar (Gp20) For Magadh University :

Mr. Ritesh Kumar, Advocate For P.P. University :

Dr. Anand Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2019 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the State, learned counsel appearing on behalf of the Magadh University and the Patliputra University.

The petitioner has approached this Court for a direction to the respondents to consider his case for grant of affiliation.

Earlier this Court had directed the respondents to take

2/4 appropriate decision with regard to grant of affiliation. At the relevant time the institution in question was falling under the territorial jurisdiction of the Magadh University. The Magadh University after scrutiny of the application for grant of affiliation, recommended the case in favour of the petitionerinstitution. However, instead of sending the recommendation to the State Government, the Magadh University decided to send the recommendation to the Hon'ble Chancellor in view of the subsequent development and creation of Patliputra University on bifurcation. Now the institution in question falls under the territorial jurisdiction of the Patliputra University.

After the direction of this Court, the Magadh University sent the relevant documents and recommendation to the State Government but the recommendation with regard to grant of affiliation for academic sessions 2018-19 reached the State Government belatedly i.e. after one year and as such the respondents have decided to reject the application for grant of affiliation on the ground that the application for grant of affiliation for the academic session 2018-19 reached the State Government after delay of 12 months and as such there was no purpose for taking decision for grant of affiliation for the academic session which has lapsed.

3/4 of filing I.A. No. 1/2019.

Unfortunately, in the process of decision making the University and the State Government consume inordinate time and on account of lack of prompt action the applications are rejected finally on the ground that the recommendation for affiliation reached belatedly and as such the Court is flooded with the writ petitions for direction to the respondents to consider grant of affiliation. Most of the applications are rejected on the ground that applications reached the State Government beyond the prescribed time i.e. after expiry of the time.

Instead of adopting pragmatic approach with the peculiar fact situation on account of lack of co-ordination between the University and the State and delay in decision making process respondents use to reject the applications on the ground that the application reached the respondents after the cut off date. Since the application of the petitioner for grant of affiliation for academic sessions 2018-19 reached the respondent-authorities after expiry of the academic session, the Court is unable to issue any direction to the respondents to grant any indulgence in the matter of academic session which has expired.

4/4 with regard to grant of affiliation for next academic session 2019-20 on the basis of the materials made available by the erstwhile Magadh University. The decision in the matter of affiliation to the institution by the State Government shall govern the successor Patliputra University.

Considering the peculiar facts of the case, the Court directs the State Government to take appropriate decision within a period of 30 days from the date of receipt/production of a copy of this order so that the institution may not suffer adversely on account of delay in taking decision by the State Government. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U