R.P. College, Nawada Road v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11334 of 2019 ====================================================== R.P. College, Nawada Road, Vill- Matuk Bigha, P.O. Babhnaur, P.S. Hisua, Distt. Nawada, Bihar, Pin - 805103, through its Secretary, Mukesh Kumar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Human Resources Development, Bihar, Patna.

2.

The Deputy Secretary, Government of Bihar, Patna. 3.

The Vice-Chancellor, Magadh University, Bodh Gaya, Gaya. 4.

The Registrar, Magadh University, Bodh Gaya, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Mishra For the Respondent/s :

Mr.Ashutosh Ranjan Pandey (Aag15) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-06-2019 The present writ petition has been filed for quashing the order dated 15.6.2018 passed by the Deputy Secretary to the Government, Education Department, Government of Bihar, whereby and whereunder the Government of Bihar has refused to give approval of affiliation to the petitioner College for the Sessions 2016-2017 to 2017-2018 pertaining to the graduate course in the Arts, Science and commerce stream on the ground that there are certain deficiencies, which have not been removed by the petitioner College, as mentioned in the said letter dated 15.06.2018.

The learned counsel for the petitioner fairly submits that the petitioner college, though has been granted provisional affiliation earlier by an order dated 19.11.2016, however, on account of non-removal of the deficiencies, the State Government has refused to grant approval to the affiliation of the petitioner college, as aforesaid. Nonetheless, it is submitted that the petitioner college would be removing all the

Patna High Court CWJC No.11334 of 2019(2) dt.17-06-2019 2/2 deficiencies, as mentioned in the said letter dated 15.06.2018 and would then approach the State Government so that the case of the petitioner college can be considered for approval of its affiliation afresh.

Having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to the petitioner to approach the respondent authorities, after removal of the deficiencies, as pointed out in the impugned order dated 15.06.2018, whereafter the case of the petitioner college shall be processed afresh in accordance with law and in case, the case of the petitioner is found fit for affiliation, the University shall do the needful, including recommending the case of the petitioner college to the respondent State authorities for grant of necessary approval.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U