Union Of Teaching And Non Teaching Staffs Of Science And Commerce v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12845 of 2019 ====================================================== Union of Teaching and Non Teaching Staffs of Science and Commerce Balrampur College, Balrampur, Katihar, through its Secretary, Hari Prasad Das, Aged about 53 years, Male, son of Madhu Sudan Das, resident of Village and P.O.- Telta, P.S.- Balrampur, District- Katihar. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Higher Education, Govt. of Bihar, Patna. 3.

B.N. Mandal University Madhepura, through its Registrar. 4.

Purnea University, Purnea, through its Registrar. 5.

The Vice Chancellor, B.N. Mandal University, Madhepura. 6.

The Vice Chancellor, Purnea University, Purnea. 7.

The Registrar, B.N. Mandal University, Madhepura. 8.

The Registrar, Purnea University, Purnia.

9.

The Examination Controller, Purnia University, Purnea. 10.

The Principal, Balrampur College, Balrampur, District- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha For the Respondent/s :

Mr. Ashutosh Ranjan Pandey (AAG-15) For the University :

Mr. Rakesh Kumar Samvendra, Adv.

Mr. Niranjan Kumar, Adv.

Mr. Shashi Bhushan Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as University. Petitioner is aggrieved by the indecisiveness of the respondents State in taking decision with regard to grant of permanent affiliation to the institution.

Learned counsel appearing on behalf of University

Patna High Court CWJC No.12845 of 2019(3) dt.01-07-2019 2/2 submits that the University has recommended the case of the petitioner institution favorably for appropriate decision by the State Authority in terms of Section 21(2)(d) of the Bihar Universities Act and not the case is pending at the level of State Government.

Considering the aforesaid, the writ petition is disposed of with a direction to the respondents State to take appropriate decision in accordance with law at the earliest preferably within a period of 30 days from the date of receipt/production of copy of this order.

It is needless to State here that the decision in this regard is not any binding on the B.N. Mandal University but the Successor Purnea University as well.

With the aforesaid, the present writ petition stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U