Dr. Quazi Md. Kamran v. The T.M. Bhagalpur University,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.97 of 2020 In Civil Writ Jurisdiction Case No.23838 of 2019 ====================================================== DR. Quazi Md. Kamran S/o Quazi Md. Imran R/o-Idgah, Barahpura, P.S.- Ishakchak, Dist- Bhagalpur. ... ... Petitioner/s

Versus

1.

The T.M. Bhagalpur University, Bhagalpur, through its Registrar 2.

The Vice Chancellor, T.M. Bhagalpur University, Bhagalpur. 3.

The Registrar, T.M. Bhagalpur University, Bhagalpur., 4.

The CCDC/OSD/ Director Professional Courses, T.M. Bhagalpur University, Bhagalpur., 5.

The Director, MBA Programme, T.M. Bhagalpur University, Bhagalpur., 6.

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

7.

The Director, Higher Education Department, Govt. of Bihar, Patna. 8.

The Hon'ble Chancellor of Universities, Raj Bhawan, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Purushottam Kumar Jha, Advocate For the Opposite Party/s :

Mr.Ashhar Mustafa, Advocate For the University :

Mr. Hansh Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-06-2025 Heard Purushottam Kumar Jha, learned counsel for the petitioner and Mr. Hansh Raj representing the Tilka Manjhi Bhagalpur University beside the learned State Counsel. 2.The present petition has been preferred for the following relief/s:

(i) for review of the judgment and order dated 08.01.2020 passed in C.W.J.C. No.

23838 of 2019 passed by Hon'ble Mr.

Justice Prabhat Kumar Jha.

3. The review petitioner came before the writ Court

Patna High Court C. REV. No.97 of 2020(4) dt.26-06-2025 2/3 for a direction upon the respondents to start Master of Business Administration Programme in the aforesaid University.

4. The writ Court vide an order dated 08.01.2020 dismissed the writ petition after observing as follows: "From the averments made in this writ petition, it appears that there is simple proposal to start a Master of Business Administration in Tilka Manjhi Bhagalpur University, Bhagalpur and no proposal was sent to the Human Resources Department for grant permission to start the study of Master of Business Administration and to sanction the teaching and non-teaching staff of the Department. It is purely Administrative function of the Human Resources Department, Govt. of Bihar and this Court in writ jurisdiction, in my view, cannot issue writ direction to the Government to start a course and sanction the teaching and non-teaching staff for establishment of the Department.

Patna High Court C. REV. No.97 of 2020(4) dt.26-06-2025 3/3 Thus, I do not find any merit in this case.

Accordingly, the writ petition is dismissed".

5. After some argument, learned counsel representing the petitioner candidly accepted that for such kind of prayer which needs nod of the State Government and is a policy decision matter, appropriate course of action can be to approach the State Government through its proper officials.

6. In that background, learned counsel submits that the petitioner shall be approaching the Additional Chief Secretary, Education Department, respondent no.6 in next eight weeks.

7. If such a petition is preferred, the Department can look into the matter and after hearing the parties is requested to pass an appropriate order.

8. It is made clear that this Court has not made any comment on the merit of the case and it is for the State Government to decide the matter.

9. The review petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) Ravi/- U