Indu Devi Ranjeet Kumar Prakash Professional College v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12733 of 2019 ====================================================== Indu Devi Ranjeet Kumar Prakash Professional College Hajipur,Vaishali through its Chairman Namely Ranjeet Kumar (Male), aged about 32 years, Son of Umesh Mishra, Resident of Chhoti Marai, Hajipur, P.S. Hajipur Industrial Area, Dist.Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna 2.

The Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna 3.

The Deputy Secretary to the Govt., Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna 4.

The Director, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna 5.

Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its Registrar.

6.

The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.

7.

The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur 8.

The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. P.K. Shahi, Sr. Advocate Mr. Arun Kumar, Advocate For the Respondent/s :

Ms. Shilpa Singh, G.A. 12 For the University :

Mr. Vikash Ratan Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner, learned counsel for the State as well as University.

Learned counsel for the petitioner submits that the University has recommended the case of the petitionerinstitution for grant of affiliation, but the State Government

Patna High Court CWJC No.12733 of 2019(2) dt.26-06-2019 2/2 rejected the case of the petitioner-institution on the ground that the petitioner-institution does not own land as the lease does not fulfill the condition for affiliation.

Learned counsel for the petitioner submits that the petitioner is prepared to provide the relevant documents in support of the claim that the petitioner has requisite land for grant of affiliation.

In the event the petitioner institution would fulfill the condition as to requirement of land and submit necessary document by 05.07.2019, the respondent State authorities will consider the aforesaid requirement and pass appropriate order afresh, if the institution is otherwise eligible for grant of affiliation. The State Authority is supposed to take appropriate remedial measure so that the institution may not suffer adversely on account of non-consideration of fulfillment of requirement of condition as to land and indecisiveness of the State Authorities. The writ petition is disposed of.

(Anil Kumar Upadhyay, J) uday/uma/- U