Dharikshan Singh Teachers Training College v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8744 of 2025 ====================================================== Dharikshan Singh Teachers Training College Kulharia, Ara, Bhojpur, Bihar, through its Secretory, Sidhnath Singh, Son of Late Dharikshan Singh, aged about 65 years (Male), Resident Mohalla- Club Road, Ara, Post- Ara, P.S.- Nawada, District- Bhojpur, Bihar.

... ... Petitioner/s

Versus

1.

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

2.

The Secretary, Department of Higher Education, Government of Bihar, Patna.

3.

The Director, Department of Higher Education, Government of Bihar, Patna. 4.

Veer Kunwar Singh University, Ara, 802301 (Bihar). 5.

All India Council for technical Education through its Member Secretary, Nelson Mandela Marg Vasant Kunj, New Delhi - 110070. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Dutt Mishra, Adv.

Mr.Amarjeet Choudhary, Adv.

For the State :

Mr. AC to AG For the AICTE :

Ms. Archana, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 29-01-2026 Heard the parties.

2. The petitioner, a Teachers Training College, through its Secretary, has approached this Court seeking a direction upon the respondents, especially respondent nos. 2 and 3, to grant recognition in its favour for commencing B.B.A., B.C.A. and B.Lib. courses for the academic session of 2025-26 and further to direct the respondent-University to issue an affiliation letter for B.B.A., B.C.A. and B.Lib. Courses. The petitioner also

2/5 sought quashing of the letter No. 15/A-3-06/2024 dated 22.05.2025 issued under the signature of Deputy Secretary, Government of Bihar, where the recommendation made by the Affiliation Committee of the University for approval of affiliation of the concerned courses was illegally rejected without assigning any reason.

3. Narrating the facts as stated in the writ petition, learned Advocate for the petitioner submitted that identical issue had come up before this Court in CWJC No. 8509 of 2025, where the petitioner had also questioned the identical letter bearing No. 15/A 3-01/2024 dated 19.05.2025 issued under the signature of the Deputy Secretary, Department of Education, Government of Bihar, whereby the application for recognition of the aforesaid courses came to be rejected by the Government. The writ petition was finally heard and allowed on 08.01.2026 and the identical order as noted hereinabove came to be set aside.

4. Learned Advocates for the State and the University though supported the action of the respondents, however, did not confront with the position that the identical matter has come come up for consideration before this Court in CWJC No. 8509 of 2025 which came to be allowed vide order dated 08.01.2026.

3/5

5. Before parting with the case, it would be pertinent to quote the relevant paragraphs of the order dated 08.01.2026: "9. Upon hearing the learned Advocates for the respective parties, this Court primarily took note of the fact that there is no dispute with regard to the recommendation made by the University in favor of the petitioner-institution after proper physical verification, upon due approval of Syndicate and Senate. Once the recommendation has been made in favor of the petitioner-institution, the respondent-State is obliged to inform the petitioner as to which requirement is falling short of or not being fulfilled by the petitioner-institution as prescribed in the guidelines contained in Letter No.1140 dated 18.06.2014, in absence of which the recognition could not have been granted. Failure to do so would make the order vulnerable to challenge being perverse, illegal and suffers from obvious non-application of mind.

10. On perusal of the impugned order, it is manifest there is no discussion, much less any reason, as to which of the requisites requirement(s), as noted in the guidelines attached to letter no. 1140 dated 18.06.2014, was not fulfilled by the petitionerinstitution. The petitioner institution has every right to know the reason for disagreement, besides the requirement which has not been fulfilled by it, once the recommendation made by the Affiliation

4/5 Committee of the University has been turned down.

11. The Court time and again underscored that absence of sound reason is not mere irregularity but patent illegality. The impugned order lacks reasons for rejection of the claim of the petitionerinstitution for recognition, and as such, this Court is left with no option but to set aside the impugned order dated 19.05.2025 as contained in letter no.15/A 3-01/2024. Accordingly, the writ petition is hereby allowed. Interlocutory Application No.1 of 2025 also stands allowed."

6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the legal position, this Court deems it fit and proper to allow the present writ petition on identical terms as has been passed in CWJC No. 8509 of 2025. Accordingly, the impugned letter dated 22.05.2025 contained in letter No. 15A/A 3-06/2024 is hereby set aside.

7. Writ petition stands allowed. I. A. No. 1 of 2025 also stands allowed. The matter is relegated to the Additional Chief Secretary, Department of Higher Education, Government of Bihar, Patna to pass a fresh order in the light of the recommendation made by the University as well as the approval granted by the AICTE, preferably within a period of eight weeks

5/5 from the date of receipt/production of a copy of this order, in accordance with law.

8. Needless to observe that if the petitioner- institution lacks any requirement for recognition, the order must disclose the same in specific terms.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 30 .01.2026 Transmission Date