Rameshwar Mahavir Evening Degree College, Harsiddhi, East Champaran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16076 of 2025 ====================================================== Rameshwar Mahavir Evening Degree College, Harsiddhi, East Champaran through its Principal Ravindra Prasad (Male), aged about 61 years, Son of Ramlakhan Prasad, Resident of Village - Sugauli, P.S. Harsiddhi, District -East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Govt. of Bihar, New Secretariat, Patna. 2.

The Additional Chief Secretary cum Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna. 3.

The Director (Higher Education), Education Department, Govt. of Bihar, New Secretariat, Patna.

4.

Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its Registrar.

5.

The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.

6.

The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.

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

For the Petitioner/s :

Mr. Arun Kumar, Adv.

For the Respondent/s :

Mr. Ajay Behari Sinha, GA-8 Mr. Neeraj Raj, AC to GA-8 For Resp. No. 4 to 6 :

Mr. Bindhyachal Rai, Adv.

Mr. S.K. Karn, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-11-2025 Heard the parties.

2. The petitioner is the college, approached before this Court through its Secretary for the following reliefs : i. For issuance of an appropriate Writ in the nature of Mandamus commanding the Respondent (Education Department of the State Government) to grant approval of Permanent Affiliation in favour of the Petitioner Institution from the Academic Session 2025-29 for conducting

2/4 Degree courses (Pass & Hons') in the faculty of Arts & Commerce in consonance with the proposal as sent by the Respondent Babasaheb Bhimrao Ambedkar Bihar University vide memo no. B/1920 dated 13.08.2025 since the Petitioner Institution fulfills each & every criteria for the same.

ii. For issuance of an appropriate Writ in the nature of Mandamus commanding the Respondent University to take all necessary steps to provide students in the Petitioner College also for the present Academic Session 2025-29 (Ist Year) by uploading the name of Petitioner Institution on the UMIS Portal (online portal) for Admission in Degree Courses for the Academic Session 2025- 29.

iii. For any other relief/s for which the petitioner is entitled in the eye of law and in the facts and circumstances of the case.

3. Learned Advocate for the petitioner referring to various annexures and the averments made in the writ petition has submitted that upon submission of the application for permanent affiliation in all the three faculties of degree course in different subjects, the physical inspection of the institution was done. The three member Inspecting Team visited the institution for making physical inspection on 06.03.2025 and on being satisfied, submitted a detailed report dated 06.03.2025, with a recommendation for grant of permanent affiliation to the

3/4 institution, since the institution fulfills the entire criteria for the same. On submission of the inspection report by the Inspecting Committee, the proposal for permanent affiliation to the petitioner's college was considered by the affiliation and New Teaching Programme Committee of the University and subsequent thereto by the Academic Council, Syndicate and Senate, all the statutory authorities recommended in favour of the petitioner's institution for permanent affiliation. Finally, in view of the recommendation made by all the Statutory Committee, the respondent University vide its letter contained in memo no. B/1920 dated 13.08.2025 sent the proposal for permanent affiliation to the Education Department of State Government for Academic Session 2025-2029 in terms with Section 21(2)(d) of the Bihar State University Act, 1976.

4. Mr. Arun Kumar, learned Advocate for the petitioner adverting the aforesaid facts submitted that the matter is pending consideration before the State Government and, till date, no decision has been taken. In case of delay in taking the decision for permanent affiliation, the institution will have to face serious repercussion and it would not be allowed to take admission for new students from the session 2025-29.

5. Learned Advocate for the University submitted that now the decision is required to be taken at the level of the State

4/4 Government.

6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the materials available on record, especially the facts that right from inception, from the Inspecting Team to the Academic Council, Syndicate and Senate following by the University, recommendation has been made in favour of petitioner's institution for permanent affiliation, however, till date, no decision has been taken, thus, instead of keeping the matter pending, this Court deems it apt and proper to direct the respondent no. 2 and 3 to consider the claim of the petitioner's institution for permanent affiliation expeditiously, however in no case beyond a period of six weeks', on receipt/production of a copy of this order.

7. The writ petition stands disposed off.

(Harish Kumar, J) supratim/- U