P.N.A. Science Collage v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7471 of 2020 ====================================================== 1.
P.N.A. Science Collage Bhagalpur, through its Principal, Paras Kumar Pandit, Gender-Male, aged about 55 years, Son of Baldeo Pandit, and Resident of 62. Jagarnath Suri Lane, Near S.K.P. Vidya Vihar School, Mandroza, Bhagalpur.
2.
Sarvahanik Mahavidyalay, Sarvoday Nagar, Banka, through its Principal, Bulbul Kumari Gender-Female, aged about-47 Years, Wife of Sanjay Kumar Roy, and resident of Ghosh Gali, near Deep prabha Cinema Hall, Manik Sarkar Chowk, Mashakchak Bhagalpur 3.
Satyadeo Mahavidyalay, Gauripur, Bhagalpur, through its Principal Barun Kumar Roy, Gender-Male, aged about-63 Years, Son of Dinesh Chandra Roy, Resident of Gauripur, Bhagalpur.
4.
Raj Kishore Prasad @ Pappu Yadav Mahavidyalaya, Katoriya, Banka, through its Principal Pankaj Kumar Singh, Gender-Male aged about Years, Son of Prem Kumar Singh, and resident of ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Education Department, Patna. Bihar.
2.
The Director, Higher Education, Patna, Bihar. 3.
The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 4.
The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 5.
The Chancellor of Universities of Bihar, Raj Bhawan, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prahalad Kumar Bhagat For the Respondent/s :
Miss. Shilpa Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-10-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
Pursuant to the order of this Court dated 16.9.2020 counter affidavit has been filed in the present case. In para-20 and 21 of the counter the following stand has been taken by the respondent State. Para-20 and 21 of the
Patna High Court CWJC No.7471 of 2020(4) dt.05-10-2020 2/3 counter affidavit is quoted below for ready reference: "20. That at this stage, it is relevant to state here that due to effect of Covid-19 and lockdown, the State Government has also filed modification of order dated 26.4.2018 passed in LPA No. 1404 of 2018 praying therein to extend the date upto 30.9.2020 so that the State Government may be able to take appropriate decision in different affiliation matters for the session 2020-2021.
21. That in view of the opinion of learned Advocate General, Bihar, in anticipation of order passed by Hon'ble Court, the State Government will pass appropriate orders in accordance with law in all the pending matters of affiliation in the interest of Institutions and students to be admitted." In view of the stand taken in para 22 and 21 of the counter affidavit, the writ petition is disposed of with a direction to the respondents Higher Education Department to take appropriate decision with regard to not only in the present case but in relation to all pending cases of affiliation at the earliest, preferably within a period of sixty days from today.
Patna High Court CWJC No.7471 of 2020(4) dt.05-10-2020 3/3 If the State is not willing to raise objection with regard to grant of affiliation of any institution on the ground of the recommendation of the University belatedly, they will also not take the plea that there is delay in receipt of the recommendation of the University for affiliation with regard to other institution whose affiliation is pending and no institution shall be prevented from admitting students in whose favour the University has taken appropriate decision for grant of affiliation in accordance with law and the State shall strictly follow their litigation policy 2011.
In view of the aforesaid, the writ petition stands disposed of with the aforesaid observation and direction on uniform application in relation to all pending affiliation matters before the Higher Education Department, Government of Bihar. (Anil Kumar Upadhyay, J) Ravi/- U