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Patna High CourtCWJC/12915/2019allowed

Vishwanath Prasad Jagdish Prasad Shoundik Mahila Mahavidyalaya v. State Of Bihar

2019-07-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12915 of 2019 ====================================================== 1.

Vishwanath Prasad Jagdish Prasad Shoundik Mahila Mahavidyalaya Rajpur, District- Rohtas through Secretary of its Governing Body, 2.

Incharge Principal, Vishwanath Prasad Jagdish Prasad Shoundik Mahila Mahavidyalaya.

... ... Petitioner/s

Versus

1.

State of Bihar through Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

Director (Higher Education), Education Department, Govt. of Bihar, Patna. 3.

Deputy Secretary, Education Department, Govt. of Bihar, Patna. 4.

Veer Kunwar Singh University, Ara, through its Registrar. 5.

Vice Chancellor, Veer Kunwar Singh University, Ara. 6.

Registrar, Veer Kuwar Singh University, Ara.

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

For the Petitioner/s :

Mr. Rajendra Narayan, Adv.

Mrs. Anju Kumari @ Anju Narain, Adv.

For the State :

Mr. Nishant Kumar Jha, AC to SC-28 For the University :

Mr. Rajesh Prasad Dhoudhary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are aggrieved by the decision of the respondents rejecting the application for grant of affiliation to the Institution.

Vide order dated 30.04.2019 the Deputy Secretary, Education Department, Government of Bihar has passed order rejecting the application of the petitioner for grant of permanent affiliation. The application of the petitioners were rejected by the respondent Authority on the ground that there was no recommendation of the Senate for grant of permanent affiliation

Patna High Court CWJC No.12915 of 2019(2) dt.01-07-2019 2/2 to the institutions. This decision is manifest error, notwithstanding favorable recommendation of the University including the decision of the affiliation committee Syndicate as well as Senate in favour of the petitioner, without application of mind, the respondents have rejected the application for grant of affiliation on the ground that the recommendation is not supported by the decision of the Senate.

Learned counsel for the petitioner submits that the decision is totally without application of mind and the recommendation of the Syndicate and the Senate for grant of affiliation was available with the respondent Authority before taking decision dated 29.04.2019 communicated on 30.04.2019. Considering the aforesaid, the order dated 30.04.2019 contained in Annexure-4(a) is quashed and the matter is remitted back to the Education Department to take fresh decision in the light of the recommendation of the University including affiliation committee Syndicate and Senate at the earliest preferably within a maximum period of 30 days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands allowed and disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U