Z. A. Islamia College, Siwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13324 of 2025 ====================================================== Z. A. Islamia College, Siwan Its Professor-In- Charge, Md. Idris Alam, Male, aged about 58 years, Son of Md. Sadiruddin Ahmad, resident of Sahebganj, Champanagar, Basantpur, P.S.- Basantpur, District- Bhagalpur, Pin Code812004. ... ... Petitioner/s

Versus

1.

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

2.

Director, Higher Education, Education Department, Bihar, Patna. 3.

Jai Prakash University, Chapra through its Registrar. 4.

Vice Chancellor, Jai Prakash University, Chapra. 5.

Registrar, Jai Prakash University, Chapra.

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

For the Petitioner/s :

Mr. Abhinav Shrivastava, Sr. Adv.

Mr. Md. Tauseef Waquar, Adv.

Mr. Akshat Kumar, Adv.

For the State :

Mr. Ramadhar Singh, GP 25 For the JP University :

Mr. Bindhyachal Rai, Adv.

======================================================= CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 08-01-2026 Heard Mr. Abhinav Shrivastava, learned Senior Advocate representing the College in question and the learned Advocate for the University as well as learned Advocate for the State.

2. The grievance of the petitioner is in narrow compass. The present writ petition has been filed seeking a direction upon the respondent Jai Prakash University, Chapra to

2/4 take all sincere steps and facilitate uploading the details pertaining to the students admitted with the petitioner's College in the Post Graduate courses offered in different subjects, as disclosed in the writ petition, so as to enable them to participate in the Post Graduate 1st Semester Examination 2023, which was scheduled to be started from 28.07.2025.

3. Learned Senior Advocate referring to the materials available on record has submitted that in each and every academic session the College in question is put to pressure and directed to furnish the details of the students, irrespective of the fact that the students having been admitted in different courses, and information in this respect having been furnished to the authorities of the University, the details pertaining to such students are not being uploaded in the website of the University. The petitioner had been earlier also compelled to come before this Court for identical relief in CWJC No. 17842 of 2016, which came to be disposed of on 09.11.2017; the relevant extract of the judgment is quoted hereinbelow: "The Court is informed at the Bar that the admissions are complete for current academic Session. This writ application, in that view of the matter, is disposed of with a direction that the University or the State Government shall not interfere with the process of selection of students for admission to U.G. or P.G. Courses being run in

3/4 the College, which are admittedly not professional courses, till such process is found to be fair, transparent, based on merit and in conformity with any regulation laying down the process of selection for admission. The University, in view of the discussion as above, cannot compel the College to admit students as suggested and recommended by it."

4. In pursuant to the order of this Court, now a counter affidavit has been filed on behalf of respondent Nos. 3 to 5. It has been apprised to his Court that admittedly the petitioner's College is a minority college enjoying the protection under Article 30(2) of the Constitution of India and the University cannot interfere with their right to administer admission but the University can require data for the purposes of registration, examination and statutory compliance, without which students cannot be formally recognized by the University. However, it is submitted that the University taking into account the career of the students permitted them to fill up the form for PG 1st Semester (2023-25) and participate in the examination and the results have also been published. Thus, the grievance of the College to this effect has been fulfilled.

5. Having considered the submissions set forth by learned Senior Advocate/Advocate for the parties and taking note of the averments made in the writ petition as well as the

4/4 counter affidavit, this Court does not find any reason or occasion to pursue with the present application. However, a word of caution is given to the concerned University to keep in mind the mandate of this Court passed in CWJC No. 17842 of 2016 in future.

6. The writ petition stands closed.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 12 .01.2026 Transmission Date