Ram Charitra Singh College Kurtha Arwal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21070 of 2018 ====================================================== Ram Charitra Singh College Kurtha ( Arwal ) in the District of Jehanabad through the Principal Yogendra Prasad Singh Son of Laldeo Singh Gram Rakesiya, PO Pandoul, Thanka Shakurabad Rakesiya, District-Jehanabad ... ... Petitioner/s

Versus

1. The State Of Bihar through the Principal Secretary, Human Resource Department, Govt. of Bihar, Patna

2. Magadh University Bodh Gaya District Gaya through the Registrar Magadh University Bodh Gaya.

3. The Vice Chancellor, Magadh University, Bodh Gaya.

4. The Registrar Magadh University, Bodh Gaya.

5. The Examination Controller, Magadh University, Bodh Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binoy Kumar Singh For the Respondent/s :

Mr. Jitendra Kumar Roy 1 -SC13 For the University : Mr. Firoz Raza ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-10-2018 Heard learned counsel for the parties.

2. The petitioner is seeking direction to the Magadh University, Bodh Gaya to grant affiliation in favour of the College, i.e., Ram Chartra Singh College Kurtha (Arwal) in the District of Jehanabad for the session 2017-18, in B.Sc., B.A and B.Com Courses. There is another direction which the petitioner is seeking, i.e., to direct respondent No.2 to accept the fees and forms of the students of the petitioner's Institution of B.Sc. Part I,II and II, B.A. Part I, II and Part III and B.Com Part I,II and III for the session 2017-18. There is no document on record to suggest that the College has been ever granted affiliation.

Patna High Court CWJC No.21070 of 2018(2) dt.30-10-2018 2/2

3. Learned counsel for the petitioner has attempted to convince this Court that the matter for grant of affiliation is pending with the State Government as the University is of the view that the College deserves to be granted affiliation. In the absence of concrete materials available on record, this Court cannot record any finding in this regard. If the matter is pending before the State Government, it is directed that the State Government must take a decision within the time stipulated in the order dated 26.04.2018 passed in CWJC No.4660 of 2017 (Dr. Ram Pramod Thakur & Anr. Vs. State of Bihar & Ors).

4. The Court, however, observes that for the academic session 2017-18, there is no question of grant of affiliation because the session must has begun more than one year before and in terms of the statutory provisions no admission could have been allowed in the absence of affiliation.

5. This application stands disposed of.

(Chakradhari Sharan Singh, J) arun/- U