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Patna High CourtCWJC/14464/2016disposed

Ram Videshi Singh College v. The State Of Bihar And ORS

2017-03-07Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14464 of 2016 =========================================================== Ram Videshi Singh College, Dhanushi, Vaishali through its Principal cum-member Secretary, Adhoc Commitee Sri Narbadeshwar Kumar, son of Late Shyam Bahadur Singh R/o Village- Dhanushi, P.O.- Gataro, P.S.- Kartahan, District- Vaishali. .... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The Bihar School Examination Board, Patna, through its Secretary.

4. The Secretary, Bihar School Examination Board, Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner : M/s P.K.Shahi, Sr. Advocate, Rama Kant Singh, Advocate For the State : Mr. Madav Prasad Yadav-GP23 Meera Singh, AC to GP 23 For the BSEB : Mr. Amrendra Kumar, Advocate =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 07-03-2017 Heard learned counsel for the petitioner, the State as well as the Bihar School Examination Board.

Petitioner is aggrieved by Annexure 7 dated 28th June, 2016 which is a communication informing the petitioner's college that its affiliation stands suspended in view of certain revelation during sting operation and, thereafter, inquiry held by three-man committee which found several lacuna in the college concerned. It is stated on behalf of petitioner that fate of several students and teachers are hanging in balance and the suspension cannot continue for an indefinite period. A final decision has to be taken by the Board.

A counter affidavit has been filed on behalf of the

Patna High Court CWJC No.14464 of 2016 dt.07-03-2017 2/2 Board. It has been stated in paragraph 17 thereof that Annexure 7 is only by interim measure and passed in exercise of power under Chapter IV Regulation 15(3) Clause (ii) and (ix) of the Affiliation Regulation 2011 and final decision in the matter of affiliation of the petitioner's college would be taken by the Board after receipt of the college and five man committee constituted vide letter dated 2.7.2016 which is still awaited.

In my view, since about 8 months have elapsed after constitution of such committee it would be high time for it to submit a report expeditiously and a decision is, thereafter, be taken by the Board.

It is expected that in view of the aforesaid, the entire exercise would be completed within a period of three months from the date of receipt / production of a copy of this order. It is further made clear that five man committee would submit report only after granting reasonable opportunity to the petitioner.

This writ application, accordingly, stands disposed of. (Dr. Ravi Ranjan, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.03.2017 Transmission Date NA