Mozammil Hassan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12902 of 2023 ====================================================== Mozammil Hassan Son of Syed Noorul Hussan Principal of Dr. Zakir Hussain Teachers Training College, P.O. Laheria Sarai, Police Station-Laheria Sarai, District- Darbhanga (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Additional Chief Secretary, Department of Education, Govt. of Bihar, Patna.

2.

Director, Higher Education, Department of Education, Govt. of Bihar. 3.

Vice-Chancellor, Lalit Narayan Mithila University, Darbhanga. Darbhanga. 4.

The Registrar, Lalit Narayan Mithila University, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.ServDeo Singh, Adv.

For the State :

Mr.Narendra Kumar, A.C. to G.P. 20 For the University :

Mr.Nirmal Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned counsel for the respondents.

2.

The petitioner prays for issuance of a direction to respondent State to grant approval of affiliation which was granted approval of affiliation which was granted by University on 13.01.2022 for the M.A. Education course in the petitioners college.

3.

A counter-affidavit is filed on behalf of the State Government in which, it is stated in paragraph-8 and 11 that according to section 4(1)(17) of the Bihar State Universities Act, the University can start post-graduation teaching in any College.

Patna High Court CWJC No.12902 of 2023(5) dt.08-05-2024 2/2 There is no provision in the Bihar State Universities Act and Statute made thereunder to grant affiliation and approval of the same by the State Government for post-Graduation courses rather the course can be started by the University in any College i.e. constituent or affiliated, if such College is having adequate infrastructure.

4.

Considering the aforesaid facts and circumstances and in view of the counter-affidavit filed on behalf of the State and the University, the present writ application is disposed of, with observation that the University has power to grant affiliation regarding new course in the College.

(Anjani Kumar Sharan, J) pallavi/- U