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Patna High CourtCWJC/15131/2019allowed

Manorama Devi Ramrati Patel Degree Mahila College v. The State Of Bihar

2019-10-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15131 of 2019 ====================================================== Manorama Devi Ramrati Patel Degree Mahila College Bhabhua, DistrictKaimur through its Principal Amar Singh, aged about 57 years (Male), son of Late Chabbi Nath Singh, Village and P.O.- Mokri, P.S.- Bhabhua, DistrictKaimur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

The Director, Higher Education, Patna 4.

Veer Kuwar Singh University, Ara through its Registrar 5.

The Vice-Chancellor, Veer Kuwar Singh University, Ara 6.

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Respondent/s :

Mr. Umesh Narayan Dubey, AC to GP-27 For the University : Mr. Rajesh Prasad Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-10-2019 Heard learned counsel for the petitioner, State and the University.

Mr. Sunil Kumar Singh, learned counsel for the petitioner has drawn the attention of this Court to Annexure-5, the order of the State Government is most unambiguous that the affiliation Arts (Hons) in six subjects is permanent w.e.f. 199596 academic Session, but somebody in the University has manipulated the order issued by the State Government and University is now trying to find defect in the affiliation, as instead of treating the affiliation granted by the State Government as permanent, they are reading the permanent

Patna High Court CWJC No.15131 of 2019(4) dt.18-10-2019 2/2 affiliation as temporary affiliation for particular academic Session. Such reading of Annexure-5 is indicative of the mind set of the officers of the University.

Even applying the common prudent men test, the Court finds absurdity in the decision and action of the University in dropping the name of the institution from the list of affiliated institutions of the University. In view of the above, the writ application is allowed. The University is directed to make necessary correction in its record and indicate it in its all relevant records that the institution in question is enjoying the privilege of permanent affiliation in all six subjects in Arts stream, as indicated in the order of the State Government (Annexure-5).

Necessary correction in this regard must be carried out by the University within a period of fortnight from today and it shall be personal obligation of the Vice-chancellor of the University to rectify the mistake and inform the institution within the time frame indicated herein above. (Anil Kumar Upadhyay, J) uday/- U