Baidyanath Shukla College Of Education v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15981 of 2019 ====================================================== Baidyanath Shukla College of Education Jaganpura, P.S. - Belsar, Vaishali through its Managing Trustee, Rajeev Ranjan, Male, aged about 41 years s/o Baidyanath Shukla, resident of Village- Jaganpura, Majhauli, P.S.- Belsar, Vaishali, Dist.- Vaishali, Bihar.

... ... Petitioner/s

Versus

1.

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

The Vice-Chancellor B.R.A., Bihar University, Muzaffarpur. 3.

The Registrar B.R.A., Bihar University, Muzaffarpur. 4.

The Regional Director National Council for Teacher Education, Eastern Regional Committee, 15 Neelkanth Nagar, Nagapalli, Bhubneshwar- 75102. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suman Kumar For the Respondent/s :

Mr.Prabhakar Jha (Gp27) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-08-2019 The issue involve in the present writ application is for grant of affiliation of the institution in question is pending at the level of the University.

Learned counsel appearing on behalf of the petitioner would submit that the institution in question requires affiliation for starting four years B.A. Bed./B.Sc.B.Ed Courses. Learned counsel for the petitioner would submit that the petitioner institution has obtained permission from NCTE for running such courses and after obtaining permission,the petitioner institution has approached the University by filing

Patna High Court CWJC No.15981 of 2019(2) dt.06-08-2019 2/3 application in prescribed form and depositing inspection fee, the University has conducted inspection but no further decision was taken by the University for grant of affiliation. Considering the fact that in the process of grant of affiliation, the University is required to consider the case of the institution by the appropriate committee i.e.

affiliation committee of the University and thereafter, the matter is required to be considered by the Syndicate and Senate of the University and on the basis of recommendation of the University, the State Government is required to take final decision in terms of section 22(1)(d) of the Bihar State University Act, the writ petition is disposed of with direction to the University to take appropriate decision after placing the inspection report to the appropriate committee i.e. affiliation committee of the University and consider for grant of affiliation of the Institution for running B.A. Bed./B.Sc.B.Ed courses by the Syndicate and Senate of the University and thereafter, inspection is found to be viable, recommend the case of the petitioner for appropriate decision by the State Government.

Patna High Court CWJC No.15981 of 2019(2) dt.06-08-2019 3/3 of a copy of this order so that final decision may be taken by the State Government under section 22(1) (d) of the Bihar State Universities Act after decision and recommendation of the University.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U