Akhtar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3299 of 2021 ====================================================== Akhtar Hussain Son of Late Abdul Hafiz H.O.D Persian, M.N.M. Mahila College, Bettiah, Resident of village- Ejra, P.s.- Sangrampur, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna 2.

The B.R. Ambedkar Bihar University Muzaffarpur through its Registrar 3.

The Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur 4.

The Registrar, B.R. Ambedkar Bihar University, Muzaffarpur 5.

The Chancellor of the University of Bihar Raj Bhawan, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the Respondent/s :

Mr. Shashi Shekhar Tiwary, Adv.

For the University :

Mr. Indrajesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-01-2026 Heard the parties.

2. At the outset, learned Advocate for the petitioner seeks permission to make the Director, Higher Education, Government of Bihar as a party respondent no. 6.

3. Permission is accorded.

4. Let the same be done in course of the day.

5. The petitioner who is presently posted and working as Assistant Professor in Persian in Maheshwar Nath Mahamaya Mahila College, has approached this Court seeking a direction upon the respondents to grant permission and permanent affiliation of Bachelor in Arts pass course as well as Honours

2/4 course in the subject of Persian of the College, in question, under B.R. Ambedkar Bihar University, Muzaffarpur.

6. It is submitted that the college got its permanent affiliation from the University in Arts in altogether sixteen subjects from academic session 1999-2000, excluding the Persian subject, vide letter no. 615 dated 27.04.2006. The college having furnished all the requisite qualification to get the affiliation in the subject of Persian had submitted application before the authority, but no action was taken, which compelled the college to file C.W.J.C. No. 14171 of 2009. The aforesaid writ petition came to be disposed off on 09.11.2009, with a direction to consider the request of the college. Despite the aforesaid fact, no decision was taken, which gave cause for filing M.J.C. No. 1062 of 2010 for non-compliance of the order of this Court.

In the meanwhile, identically situated colleges who approached before the authorities concerned and in whose favour the recommendation was made, they have been extended permanent affiliation. While the matter was pending consideration before the Court in M.J.C. No.

3/4 in the subject of Persian since 18.10.2014.

7. A counter affidavit has been filed on behalf of the University. It has been categorically stated that the college in question was duly inspected by the inspection team, who submitted its report on 20.12.2021, with recommendation for grant of affiliation in various subjects, including Persian. The recommendation of the inspection team was further placed before the various statutory bodies, including the New Programme Teaching and Affiliation Committee, the Academic Council, the Syndicate and the Senate. The recommendation was duly approved by all the statutory committees and finally the University recommended for grant of affiliation to the concerned college in various subjects including Persian, for the session 2022-25 and 2023-26 to the State Government vide letter no. B/480 dated 29.03.2022. However, the approval is yet awaited and no decision has been taken by the State authorities.

8. Having considered the submissions advanced and the materials available on record, specially the fact that the recommendation has already been made by the University way back in the year 2021, which is pending consideration before the State Government specifically since 29.03.2022, this Court directs the Director, Higher Education, Government of Bihar to

4/4 consider the claim of the petitioner's college and take a final decision, in accordance with law, keeping in mind the recommendation made by the University, the copy of which is marked as Annexure B and C to the counter affidavit, filed on behalf of respondent nos. 2 to 4, preferably within a period of ten weeks' from the date of receipt/production of a copy of this order.

9. The writ petition stands disposed off.

(Harish Kumar, J) supratim/- U