Makhdum Bakash Memorial Degree College, Uttarbhani, Chanpatiya, West Champaran, Bihar v. The Chancellor Of Universities

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7117 of 2024 ====================================================== Makhdum Bakash Memorial Degree College, Uttarbhani, Chanpatiya, West Champaran, Bihar through its Principal Aftab Alam, Male, aged about 36 years, S/o Nazarul Haque, R/o- Uttarbhani, Pokharia Rai, P.S.- Chanpatiya, West Champaran, Bihar- 845449.

... ... Petitioner/s

Versus

1.

The Chancellor of Universities Raj Bhawan, Patna, Bihar. 2.

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

3.

Secretary, Education, Government of Bihar, Patna. 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/s :

Mr. Suman Kumar, Adv.

For the State :

Mr. K.N. Jha, AC to GP-11 For the BRAU Mr. Bindhyachal Rai, Adv.

Mr. Vikash Kumar, Adv.

For the Chancellor Mr. Rajiv Ranjan Kr. Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-09-2024 Heard learned counsel for the parties.

2. This writ petition has been filed for the following reliefs:

"(i) For issuance of an appropriate writ/writs in the nature of mandamus commanding and directing the respondents to accord permanent affiliation to the petitioner's college to impart Bachelor of Arts, Bachelor of Science and Bachelor of Commerce courses for academic session 2024-28. The petitioner's college has been registered in the College Affiliation Portal

2/4 of Bihar having Registration No.

2023000007 and registration dated 25.08.2023. 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 for grant of permanent affiliation to the petitioner's college to run degree courses 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 to money to run the college is running from pillar to post but all went in vain. It is to be noted that the college has already got temporary affiliation for the session 202225 and 2023-26 from the University and Education Department, Government of Bihar.

(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

3/4 upload the name of the college on the portal of respondents which is already registered having Registration No. 2023000007, on portal of State of Bihar, New Affiliation/Permanent Affiliation to run degree college in all faculty for academic session 2024-28 as the syndicate of the respondent University has recommended the petitioner's college name for grant of temporary affiliation.

(iii) Further for a direction to the respondents to allow the petitioner's 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 University has produced a copy of statement of facts before this Court in which, in para10, it is stated that the University has sent proposal to the State Government vide letter no. 2457 dated 09.09.2024 for grant of permanent affiliation in different subjects of Arts and Commerce from session 2024-28 and also for grant of temporary affiliation in different subjects in Science for sessions 2024-28 and 202529. It is further stated in the statement of facts that after receiving the proposal of the University, the file has been processed for taking appropriate decision regarding approval

4/4 under Section 21(2)(d) of the Bihar State Universities Act by the competent Authority in accordance with law for which at least four weeks time is required.

4. Considering the facts and circumstances of the case and the statement of facts as produced by the learned counsel for the University, this writ petition is disposed of with a direction to the respondent no. 4, the Director, Higher Education, Bihar, Patna to take decision within three weeks in accordance with law.

5. If the order is not passed by the respondent no. 4 within the stipulated time, the respondent no. 4 shall be solely liable for non-compliance of this order.

(Anjani Kumar Sharan, J) devendra/- U