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Patna High CourtCWJC/6914/2024disposed

Chandrabhushan Pandey Meena Devi Degree College v. The State Of Bihar

2024-08-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6914 of 2024 ====================================================== Chandrabhushan Pandey Meena Devi Degree College Kamalpura, Paroo, Muzaffarpur through its Secretary Sanjay Kumar, male, aged about 38 years, S/O Chandrabhushan Pandey, R/O Mohjamma, Ghayaspur, Muzaffarpur, Bihar-843107 ... ... Petitioner/s

Versus

1.

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

The Chancellor of Universities Raj Bhawan, Patna, Bihar 3.

Secretary Education, Government of Bihar 4.

The Director Higher Education, Bihar, Patna 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 :

Ms. Suman Kumar, Advocate For the State :

Mr. Addl. Advocate General 13 For B.R.A.U.

:

Mr. Rama Kant Prasad Verma, Advocate For the Chancellor :

Mr. Janardhan Pd. Singh, Sr. Advocate Mr. Rajiv Ranjan Kr. Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2024 Heard learned counsels for the parties.

2.

The present writ application has been filed for the following reliefs:- "(i) For directing the respondents to accord affiliation to the petitioner college to impart Bachelor of Arts, Bachelor of Science and Bachelor of Commerce courses for academic session 2024-28 and 2025-29.

The petitioner's college has been registered in the College Affiliation Portal of Bihar having Registration No.2023000138 and registration dated 09.09.2023. The college has deposited Rupees Five Lakhs and Fifty Thousand as security money to the respondent University for affiliation. The inspection committee after proper inspection and verification, has recommended for affiliation to the respondent University and State Government. The syndicate of the University in its meeting held on 09.11.2023 has also recommended

Patna High Court CWJC No.6914 of 2024(3) dt.22-08-2024 2/3 for grant of temporary affiliation to the petitioner college to run degree college in science, arts and commerce stream but till date, for reasons best known to the respondent, they have not taken any action and the petitioner, who after fulfilling all the required criteria to get affiliation and after expending huge amount of money to run the college is running from pillar to post but all went in vain.

(ii) Further for a direction to the respondents to upload the name of petitioner's college to approve for affiliation and taking admission of the students and upload the name of the college on the portal of respondents which is already registered having Registration No.2023000138, on portal of State of Bihar, New Affiliation/ Permanent Affiliation to run degree college in all faculty for academic session 2024-28 and 2025-29 as the syndicate of the respondent university has recommended the petitioner college name for grant of temporary affiliation. (iii) Further for a direction to the respondents to allow the petitioner college to take admission of the students for the academic session 2024-28.

(iv) For any other relief/reliefs for which the petitioner is entitled to get."

3.

Learned counsel for the petitioner submits that earlier on the basis of an inspection done by the inspecting team, the college of the petitioner was found fit for affiliation. The inspecting team had not found any fault in the college of petitioner and recommended the same for affiliation but the Vice Chancellor of the respondent University inspected the college of the petitioner in person and found few discrepancies. The Vice Chancellor of the University directed the Principal of the College to fulfill the points raised by him (Annexure-P/2 of the counter-affidavit).

4.

He further submits that in response to Annexure-P/2 of the counter-affidavit, petitioner submitted all the documents before the Vice Chancellor of the University but till date the

Patna High Court CWJC No.6914 of 2024(3) dt.22-08-2024 3/3 respondent University has not recommended the name of the petitioner's college on the portal for affiliation. 5.

Considering the facts and circumstances of the case, as the college has already submitted all the documents on 05.08.2024, I direct the Vice Chancellor of the respondent University to take a decision regarding the affiliation of petitioner's college within a period of one month from the date of production/receipt of a copy of this order. The respondent University is also directed to communicate the decision of the Vice Chancellor and inform about the same to the Principal of the said college.

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

(Anjani Kumar Sharan, J) shikha/- U