The Managing Committee, Muslim Minority College, Bhagalpur And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18525 of 2016 ======================================================

1. The Managing Committee, Muslim Minority College, Bhagalpur through its Secretary

2. Md. Mokarramuddin Khan Son of Late Md. Sayeed Khan, Resident of village, P.O. and P.S. Peerpainti, District - Bhagalpur, Presently Secretary, Muslim Minority College, Tatarpur, Bhagalpur ... ... Petitioner/s

Versus

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

2. The Principal Secretary, Department of Minority Welfare, Govt. of Bihar, Patna

3. The Director, Department of Higher Education, Govt. of Bihar, Patna

4. The Deputy Director, Department of Higher Education, Govt. of Bihar, Patna

5. The Addl. Secretary, Department of Higher Education, Govt. of Bihar, Patna

6. The Tilka Manjhi Bhagalpur University, Bhagalpur

7. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Najmul Hoda, Advocate.

For the Respondent/s :

Mr. Amit Bhushan, AC to GP 17.

For the University: Mr. Anjani Kumar, Sr. Advocate and Mr. Shailendra Kumar Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-11-2017 Heard learned counsel for the parties.

The petitioner claims that it is a Minority Educational Institution, however, the status of Minority Educational Institution is not being declared by the State Government despite the decision of the National Commission for Minority Educational Institutions Act, 2004.

The decision of the Commission dated 27.09.2005 has been produced by the learned counsel appearing on behalf of the

Patna High Court CWJC No.18525 of 2016(2) dt.03-11-2017 2/2 petitioner. Let the same be kept on record.

Let the Principal Secretary, Education Department, Govt. of Bihar and the Vice Chancellor of Tilka Manjhi University, Bhagalpur take appropriate decision on the question of treating the petitioner-college as a Minority Educational Institution in view of the said decision of the Commission, in light of the provisions under the Act. Such decision must be taken within three months from the date of receipt / production of a copy of this order. The respondents are also required to consider the petitioner's claim of deficit aided status within the aforesaid time.

This application stands disposed of accordingly. (Chakradhari Sharan Singh, J) arun/- U