Mahayogi Pilot Baba Mahila College v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14674 of 2019 ====================================================== Mahayogi Pilot Baba Mahila College Pilotnagar, Bishunpura Baraon, Rohtas through its Principal Rajdeo Choudhary Son of Lal Bahadur Choudhary, Village- Kusumtola, P.O. Baraon, P.S. Nokha, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

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

The Director, Higher Education, Patna.

5.

Veer Kuwar Singh University, Ara through its Registrar. 6.

The Vice Chancellor, Veer Kuwar Singh University, Ara. 7.

The Registrar, Veer Kuwar Singh University, Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Respondent/s :

Mr.Madanjeet Kumar (Gp20) For the University : Mrs. Nutan Sahay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and the respondents.

2. The issue raised in the present writ application is no more res integra. This Court has occasion to decide the similar issue in C.W.J.C. No. 12818 of 2019. Noticing the arbitrariness in the decision of the respondents rejecting the affiliation on the ground that the recommendation of the University was not accompanied by the recommendation of the Senate of the University, the Court has considered the various aspect of the matter while deciding C.W.J.C. No. 12818 of 2019.

3. The Veer Kuwar Singh University recommended the case for grant of approval in anticipation of approval of the

Patna High Court CWJC No.14674 of 2019(2) dt.22-07-2019 2/2 Senate. In February, 2019, the meeting of the Senate was convened and the recommendation of the Senate was also forwarded to the State Government for appropriate decision, yet the respondents without application of mind decided the case of the petitioner institution on 30.04.2019 and rejected the affiliation on the ground that the Senate of the University has not recommended the case of the petitioner-institution, which is manifesting erroneous decision, as the Senate recommended the case of the institution and sent to the State Government in February, 2019 before taking decision on 30.04.2019, the Court in this case is of the considered view that the decision dated 30.04.2019 suffers from the vice of non-application of mind and as such the decision cannot sustain.

4. Accordingly, the decision dated 30.04.2019, as contained in Annexure-1 is hereby quashed. The respondents are hereby directed to take fresh decision at the earliest preferably within a maximum period of 30 days from the date of receipt/production of a copy of this order.

5. With the aforesaid, this application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U