National Degree College v. Patliputra University, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8365 of 2026 ====================================================== National Degree College Village and P.O.- Kab, Rani Talab Kanpa, Dulhin Bazar, Bikram, Patna through its Secretary Madhuri Kumari (Female), aged about 49 Years, Daughter of Late Ram Chandra Jha, Resident of Flat No. 203, Gorakh Nath Lane, Boring Road, P.S. - Shri Krishna Puri, District - Patna. ... ... Petitioner/s

Versus

1.

Patliputra University, Patna through its Registrar. 2.

The Vice Chancellor, Patliputra University, Patna. 3.

The Registrar, Patliputra University, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Respondent/s :

Mr.Dr. Anand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 27-05-2026 The present writ petition has been filed for the following reliefs:

"(a) For issuance of an appropriate Writ in the nature of certiorari for quashing the order bearing Memo No. INS/PPU/649/26 dated 30.04.2026 issued by the Registrar, Patliputra University, Patna whereby the Application of the Petitioner Institution seeking Permanent Affiliation for Degree Courses in Arts, Science and Commerce from Academic Session 2026-30 has been illegally rejected on erroneous and non existent grounds.

(b) For issuance of an appropriate Writ holding and declaring that Memo No. the impugned order bearing INS/PPU/649/26 dated 30.04.2026 issued by the Registrar, Patliputra University, Patna is ex facie

2/5 arbitrary, violative of principles of natural justice and suffers from complete non-application of mind inasmuch as the inspection team had already verified the infrastructure, land, instructional facilities and faculty documents of the institution and found the same satisfactory.

(c) For issuance of an appropriate Writ in the nature of Mandamus commanding the Respondent Patliputra University, Patna (hereinafter referred to as "University") to grant Permanent Affiliation in favour of the Petitioner Institution for conducting Under Graduate (UG) courses from the Academic Session 2026-30 since the Petitioner Institution fulfills each & every criteria for the same.

(d) For issuance of an appropriate Writ in the nature of Mandamus commanding the Respondent University to take all necessary steps to provide students in the Petitioner College also for the present Academic Session 2026-30 (Ist Year) by uploading the name of Petitioner Institution for Admission in Degree Courses for the Academic Session 2026-30 subject to any condition.

(e) For any other relief/s for which the petitioner is entitled in the eye of law and in the facts and circumstances of the case."

2. Learned counsel for the petitioner by referring to

3/5 the impugned order dated 30.04.2026, it is being submitted that without providing any opportunity of hearing to the petitioner's College, the affiliation for degree courses in Arts, Science and Commerce from Academic Session 2026-30 has illegally been rejected on erroneous ground and non existent grounds. It has next been submitted by referring to the report of the Affiliation and New Teaching Programme Committee ( in short "ANTPC") held on 10.01.2026 and the Committee in its meeting had considered the case of the petitioner's Institution for affiliation in various subjects under Arts Faculty including Economics, English, Geography, Hindi, History, Home Science, Philosophy, Sociology and Political Science and the Science Faculty including Physics, Chemistry, Mathematics, Zoology and Botany as well as Commerce Faculty.

The ANTPC, after considering the case of the petitioner's Institution, resolved that upon verification regarding fulfillment of conditions relating to teachers' qualifications and land documents through the HighLevel Inquiry Committee constituted by the Hon'ble ViceChancellor, the process for recommendation to the State Government for temporary affiliation would thereafter be undertaken.

4/5 Affiliation and New Teaching Programme Committee all of sudden by the impugned order dated 30.04.2026 the affiliation of the petitioner's Institution for Academic Session 2026-30 has been rejected, through a cryptic order, which do not show any consideration of the materials which were placed before ANTPC Committee and the impugned order has been issued under the signature of Registrar, Patliputra University.

3. On the other hand, Dr. Anand Kumar appears for the Patliputra University and on being confronted with the procedures, which has been undertaken by the Patliputra University, while passing impugned order dated 30.04.2026 in violation of principles of natural justice, the counsel is not in a position to justify the action of the Patliputra University in so far the rejection of affiliation in violation of principle of natural justice is concerned. Considering the fact, that rejection order with regard to affiliation which has been put under challenge in the present writ application suffers from vice of non adherence of establish procedure and as also evidently been passed in violation of principle of natural justice besides the materials which was placed before the ANTPC committee as seems to have not been considered in accordance with law this court finds it appropriate to set aside the impugned order dated 30.04.2026

5/5 and accordingly is set aside.

However, the authorities of the Patliputra University will be at liberty to pass necessary order with regard to Affiliation by following the principle of natural justice without prejudicing the right of the petitioner college in commencing the new session which is to be undertaken for academic session 2026-27. (Ajit Kumar, J) Niku/ Anuj/- U