Brahmdev Muni Udasin Sanskrit Mahavidyalay v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.955 of 2015 ====================================================== Brahmdev Muni Udasin Sanskrit Mahavidyalay, Subhash Chowk, Hajipur, Vaishali through its in-charge Principal, namely, Jay Kishore Pandey, aged about 57 years, son of Late Sita Ram Pandey, resident of village-Madhopur, P.O.Pokhra, P.S. Maharajganj, District-Siwan .... .... Petitioner

Versus

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

2. The Principal Secretary, Education Department, Government of Bihar, New Secretariat, Patna.

3. The Joint Secretary to the Government, Education Department, Government of Bihar, New Secretariat, Patna.

4. The Deputy Secretary to the Government, Education Department, Government of Bihar, New Secretariat, Patna.

5. The Director, Higher Education Department, Government of Bihar, New Secretariat, Patna.

6. Kameshwar Singh Darbhanga Sanskrit University, Darbhanga through its Registrar.

7. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga.

8. The Registrar/in-charge Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Arun Kumar For State Respondens : Mr. S.P.Singh, G.A.7 For Respondent Nos.6 to 8: Mrs. Renu Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 08-10-2015 Having heard learned counsel for the parties, Annexure-1 dated 20.12.2013 is quashed on the sole ground that the order of rejection of affiliation by the State Government is a non-speaking order, unless the State authorities pass an order in detail and specific as to what went into the decision making process for rejection. It is difficult for this Court to apply its

Patna High Court CWJC No.955 of 2015 (5) dt.08-10-2015 judicial mind while judging the correctness or otherwise of such a decision.

None-speaking order is as good as no order.

Therefore, Annexure-1 dated 20.12.2013 is quashed and consequence will follow. The direction is issued upon the respondents that they will take a fresh decision and pass an order, preferably within a period of four months from the date of receipt/production of a copy of this order.

The writ application is allowed in terms of the above. V.P.Sinha/- (Ajay Kumar Tripathi, J) U