Prof. Shailendra Kumar Sinha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2342 of 2018 ===========================================================
1. Prof. Shailendra Kumar Sinha, Son of Late Parmanand Sinha, Resident of Mohalla- Ashok Nagar, Police Station- Kankarbagh, District and Town Patna, at present working as Professor-in-Charge, Firoz Gandhi College, Karbigahiya, Patna800001. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Vikash Bhawan, Patna.
2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Vikash Bhawan, Patna.
3. The Joint Secretary (Higher Education), Human Resources Development Department, Government of Bihar, Vikash Bhawan, Patna.
4. The Additional Secretary (Higher Education), Human Resources Development Department, Government of Bihar, Vikash Bhawan, Patna.
5. The Director, Higher Education, Bihar, Patna.
6. The Magadh University, Bodh Gaya through its Registrar.
7. The Registrar, Magadh University, Bodh Gaya.
8. The Inspector of Colleges (Arts and Commerce/Science), Magadh University, Bodh Gaya.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Manoj Priyadarshi For the B.S. Ex. Board : Mr. Ajay Behari Sinha For the State : Mr. Amit Bhushan, AC-GP17 =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 18-07-2018 Following is the relief sought in the present writ application:
"For issuance of an appropriate writ/writs, direction/directions, order/orders directing and commanding the Respondent authorities of the State to pass appropriate order over grant of approval of affiliation of the Firoz Gandhi College, Patna in different
2/4 Arts and Commerce, Science subjects (Pass/Hons.) in terms of the recommendation for grant of approval made by the Magadh University, Bodh Gaya without further delay since the same is pending before it for a considerable long period."
This court had occasion to deal with the process of grant of affiliation to the colleges and mandatory requirement of approval of such affiliation by the State Government under the first proviso to section 21(2)(d) of the Bihar State Universities Act, 1976 (hereinafter referred to as the 'Act') in case of Dr. Ram Pramod Thakur& Ors. vs. The State of Bihar (CWJC No. 4660 of 2017) and another analogous matter. While disposing of the said writ application, this Court vide order dated 26.04.2018 has laid down a time schedule for consideration of an application for grant of affiliation, from the stage of submission of application under Article 2(d) of the Statute relating to admission and exclusion of colleges other than those managed and maintained by the University till decision on grant of approval of proposal for affiliation as contemplated under the first proviso to section 21(2)(d) of the Act is taken, which reads thus: Consideration of application by the University On or before 15th September Submission of Application Form
3/4 On or before 25th September Constitution of Inspection Team Inspection Teach Report On or before 8th October On or before 15th October Affiliation Committee Meeting Academic Council On or before 20th October Syndicate On or before 30th October Senate On or before 15th November On or before 15th January Final report to the State Govt.
Grant of approval of proposal for affiliation as contemplated under first proviso to section 21(2)(d) of the Act. Decision of the State Government under first proviso to Section 21(2)(d) of the Bihar State Universities Act On or before 15th February In case of deficiency noticed by the State Government, notice to be given to the University and the concerned college On or before 15th February Removal of deficiency by the college On or before 15th March Fresh proposal by the University after removal of deficiency On or before 16th March Fresh decision of the State Government on receipt of proposal, if any, under Section 21(2)(d) of the Act On or before 16th April
4/4 The court directs the respondents to consider petitioner's application and take final decision in accordance with the time frame fixed in case of Dr. Ram Pramod Thakur (supra). This application is, accordingly, disposed of, with the direction and observation as above.
I.A. No. 3716 of 2018 and I.A. No. 4868 of 2018 also stand disposed of.
(Chakradhari Sharan Singh, J.) Rakhi AFR/NAFR CAV DATE N.A.
Uploading Date25.07.2018 Transmission Date