Bhagwan Kumar Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21712 of 2018 ====================================================== Bhagwan Kumar Mishra Son of Late Singheshwar Mishra Resident of Ward No.20,near West Bye Pass Gulzarbagh,P.S. and Distt.-Madhepura,at present Sercrfetary of Women's College,Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Director Higher Education,Education Department,Government of Bihar,Patna 3.

The Bhupendra Narayan Mandal University,through its Registrar,Lalu Nagar,Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Sinha, Sr. Advocate.

Mr. Bhola Kumar, Advocate.

Mr. Ravi Shankar, Advocate.

For the B.N. Mandal University: Mr. Ritesh Kumar, Advocate. For the State :

Mr. Narendra Kumar, AC to GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-03-2023 Heard learned counsel for the parties concerned. The present writ application has been filed for a direction to the respondent/State to grant approval/recognition to the Women's College, Kaushalaya Gram, Madhepura, in terms of the recommendation made by Bhupendra Narayan Mandal University, Madhepura. Learned senior counsel for the petitioner submits that the B.N. Mandal University in exercise of power under Section 21(2)(d) of the Bihar State Universities Act, 1976, has recommended for the grant of recognition to the college

Patna High Court CWJC No.21712 of 2018(6) dt.29-03-2023 2/3 vide letter of the Registrar, B.N. Mandal University, dated 24.5.2019 (Annexure-6) to the supplementary affidavit. The matter regarding grant of recognition is pending before the State Government for the last about more than three years. Learned counsel for the State referring to paragraphs-11 and 12 of the counter affidavit submits that approval regarding recognition from the Senate has not been received to the department. As such, the request of the petitioner for grant of recognition could not be considered. In reply to the statement, learned counsel for the petitioner pointed out Annexure-5 to the writ application and submits that recommendation of the Senate is already on record and, now, the State Government may consider for grant of recognition to the college.

Having heard learned counsel for the parties and taking into consideration that approval of Senate is already on record, I direct the Director, (Higher Education), Education Department, Government of Bihar, Patna, to take a decision for grant of recognition to the college in accordance with law within a period of one month from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.21712 of 2018(6) dt.29-03-2023 3/3 With aforesaid observation and direction, this writ application stands disposed of.

(Anil Kumar Sinha, J) S.Ali/- U