Patna High CourtCWJC/13474/2015dismissed

Millia Educational Trust v. The State Of Bihar And ORS

2017-04-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13474 of 2015 =========================================================== Millia Educational Trust, Rambagh Purnea, P.O. & P.S.- Line Bazar, DistrictPurnea (Bihar) through its Director, Md.Asad Imam. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Science and Technology Department, Government, of Bihar, Patna.

2. Principal Secretary, Science and Technology Department, Government of Bihar, Patna.

3. Director, Science and Technology Department, Government of Bihar, Patna.

4. Bihar Combined Entrance Competitive Examination Board, IAS Association Building, Patna-14, through its Secretary.

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

For the Petitioner/s : Mr. Raju Giri, Adv. Mr. Santosh Kumar Mishra, Adv.

For the State : Mr. Ramadhar Singh, G.P.-25 For the BCECEB : Mr. Vikas Kumar, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 04-04-2017 The petitioner claims to be a Private Minority Unaided Institution, conducting Engineering and Polytechnic courses.

2. This application, under Article 226 of the Constitution of India, has been filed seeking direction to the respondents to recognize Minority Private Self Financial

Patna High Court CWJC No.13474 of 2015 dt.04-04-2017 2/2 Professional Institution Association to conduct a separate Common Entrance Examination for admission on 50% of their approved seats in Polytechnic courses, for the academic session 2015-16, in four technical institutions, as has been detailed in paragraph 1 of this writ application.

3. In view of the law laid down by the Supreme Court in case of Modern Dental College and Research Centre and Ors. Vs. State o Madhya Pradesh & Ors., reported in (2016) 7 SCC 353, and Division Bench decision of this Court in case of Mirza Ghalib T.T. College & Ors. Vs. The State of Bihar & Ors. and Analogous Cases, reported in 2017 (1) PLJR 257, the relief sought for on behalf of the petitioner cannot be entertained.

4. This application is, accordingly, dismissed. (Chakradhari Sharan Singh, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 04.04.2017 Transmission Date