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Patna High CourtCWJC/6169/2022disposed

Pt. Ujjwal Kumar Mishra Foundation College Sonepur, Saran v. The State Of Bihar

2024-07-25Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6521 of 2022 ====================================================== Pt. Ujjwal Kumar Mishra Foundation College (Evening) Sonepur, Saran through its Chairman Umesh Mishra, aged about 67 years, (Male), S/o - Late Bedanand Mishra, Resident of Mohallah-Dhanauti, Hajipur Marai Road, P.S. Hajipur, Distt. - Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Govt. of Bihar, New Secretariat Patna. 2.

The Principal Secretary, Department of Education, Govt. of Bihar, New Secretariat Patna.

3.

The Director Higher Education, Department of Education Govt. of Bihar, New Secretariat Patna.

4.

Jai Prakash University, Chapra through its register. 5.

The Vice Chancellor Jai Prakash University, Chapra. 6.

The Registrar Jai Prakash University, Chapra. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 6169 of 2022 ====================================================== Pt. Ujjwal Kumar Mishra Foundation College Sonepur, Saran through its Chairman Umesh Mishra, aged about 67 years, (Male), S/o- Late Bedanand Mishra, Resident of Mohallah- Dhanauti, Hajipur Marai Road, P.S. Hajipur, Distt.- Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Govt. of Bihar, New Secretariat, Patna. 2.

The Principal Secretary, Department of Education, Govt. of Bihar, New Secretariat, Patna.

3.

The Director Higher Education, Department of Education Govt. of Bihar, New Secretariat, Patna.

4.

Jai Prakash University, Chapra through its Registrar. 5.

The Vice Chancellor, Jai Prakash University, Chapra 6.

The Registrar, Jai Prakash University, Chapra ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 6521 of 2022) For the Petitioner/s :

Mr.Ujjwal Kumar Mishra For the State :

Mr.Madanjeet Kumar (Gp20)

Patna High Court CWJC No.6521 of 2022(5) dt.25-07-2024 2/3 For the J.P.U.

:

Mr. Bindhyachal Rai Mr. Chandan Kumar (In Civil Writ Jurisdiction Case No. 6169 of 2022) For the Petitioner/s :

Mr.Ujjwal Kumar Mishra For the State :

Mr.Madanjeet Kumar (Gp20) For the J.P.U.

:

Mr. Bindhyachal Rai Mr. Chandan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2024 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the University.

2. The present writ petition has been filed seeking the following reliefs:

"(i) For issuance of a writ in the nature of mandamus directing and commanding the respondent authority to consider the case of the petitioners for permanent affiliation of the college of the petitioners from the Academic session 2022-25 on-wards by following the Rules in this regard within stipulated period as this Hon'ble Court thinks fit and proper in the facts and circumstances of this case. (ii) And for any other appropriate writ/writs, direction/directions order/orders as this Hon'ble Court thinks fit and proper in the facts and circumstances of the case."

3. At the very outset, learned counsel for the petitioner submits that the petitioners have applied online for the affiliation for present session 2024-2025.

4. Learned counsel for the petitioners is directed to handover a photocopy of the online application to the learned counsel for the University.

5. The petitioners are directed to file a detailed representation before the respondent no. 5 (The Vice Chancellor,

Patna High Court CWJC No.6521 of 2022(5) dt.25-07-2024 3/3 Jai Prakash University, Chapra) along with all supporting documents and the respondent no. 5 is well advised to consider the case of the petitioners after affording opportunity of personal hearing or through their counsel and pass a reasoned and speaking order in accordance with law within two weeks thereafter.

6. If it is found the petitioners' college is entitled to permanent affiliation, then the University will sent representation to the State Government.

7. With the aforesaid direction, the writ application stands disposed of.

(Anjani Kumar Sharan, J) anand/- U