Pandit Uma Shankar Tiwari Mahila Mahilavidyalalya v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15268 of 2015 ====================================================== Pandit Uma Shankar Tiwari Mahila Mahilavidyalalya, Bagaha, West Champarn through its Principal Arvind Kumar Tiwari S/o Sri Parshuram Tiwary resident of Wardno. 15, Bankatwa, P.S.- Bagaha, Distt.- West Champaran, Bihar.

.... .... Petitioner

Versus

1. The State of Bihar through Special Secretary-cum-Director Higher Education, Department of Education, Bihar, Patna.

2. The Director (Higher Education), Human Resource Development Department, Government of Bihar, New Secretariate, Patna-15.

3. Babasaheb Bhim Rao Ambedkar Bihar University, Muzaffarpur, Bihar through its Registrar having office at Muzaffarpur.

4. The Vice Chancellor, Babasaheb Bhim Rao Ambedkar Bihar University, Muzaffarpur, Bihar.

5. The Controller of Examination, Babasaheb Bhim Rao Ambedkar Bihar University, Muzaffarpur, Bihar.

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

For the Petitioner :

Mr. Awadh Bihar Ojha, Senior Advocate Mr. Sri Niwas Jha, Advocate Mr. Nitesh Kumar, Advocate For the Respondent State: Mr. Anil Kumar Sinha, G.A.1 Ms. Aditi Hansaria, AC to GA 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 08-11-2016 The District Magistrate, West Champaran at Bettiah, in terms of the direction issued by this Court on 20.09.2016, has done actual physical verification of the college and the infrastructure which the college claims to have. It is a rather detailed report, a perusal of which does not enthuse this Court to now issue a mandamus in favour of the petitioner by directing the University to grant affiliation even for the science stream. However, the Court does leave it to the University authorities to examine the parameters, which are required for

Patna High Court CWJC No.15268 of 2015 (9) dt.08-11-2016 2/2 grant of such affiliation based on now independent inputs, which have been generated at the instance of the Court by the District Magistrate on actual physical verification.

The report, which has been furnished by the State counsel in a sealed cover, is being placed on record. Writ petition is disposed of giving liberty to the petitioner to pursue the matter with the University. The University has freedom to demand and beget a complete copy of the report from the District Magistrate, West Champaran at Bettiah, which shall also be taken into consideration before fresh decision is taken on the issue.

(Ajay Kumar Tripathi, J) Pawan/- U