Pandit Deen Dayal Upadhyay Evening College v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22291 of 2019 ====================================================== Pandit Deen Dayal Upadhyay Evening College Bairgania Sitamarhi through its Secretary Hari Kishor Pathak (male), aged about -67 years, son of Late Laxmi Narayan Pandey, resident of Ward No. 13, Shiv Nagar, Pathak Tola, Bairgania, P.O. and P.S. Bairgabnia, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Deputy Secretary, (Higher Education), Government of Bihar, Patna. 4.

The Director, Education Department (Higher Education), Government of Bihar, Patna.

5.

Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur Through the Registrar.

6.

The Vice Chancellor, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur.

7.

The Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur.

8.

The Examination Controller, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur.

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

For the Petitioner/s :

Mr. Vijay Kumar Singh, Adv.

For the State :

Smt. Binita Singh (SC28) For the University :

Mr. Zaki Haider, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 21-08-2024 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the University.

2. By filing the present writ application, the petitioner has prayed for the following reliefs:

(I) For issuance of an appropriate writ in the nature of certiorari for quashing the order dated 18.02.2019 and contained in memo no.

382 dated 18.02.2019 issued by the respondent

Patna High Court CWJC No.22291 of 2019 dt.21-08-2024 2/3 no.3, whereby and where under the respondent no.3 has been pleased to reject the proposal sent by the respondent no.7 for affiliation of the petitioner college vide Ref. No. 0452/R dated 28.11.2018 inter alia on the ground that the petitioner college does not fulfil the required measure as contained in letter no. 1098 dated 19.04.2008 issued by the Government Secretariat.

(II) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent authorities to grant permanent affiliation to the petitioner college pursuant to the order dated 24.08.2012 passed by this Court in writ application filed by the petitioner being CWJC No. 10024 of 2012 as well as proposal sent by the respondent University for affiliation of the petitioner college since 2012-13 and onwards.

(III) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent Authorities to take immediate steps to upload the name of the petitioner college on the admission portal of the respondent University for admission in the Academic Sessions 2019-20 and also allow the students to give their opinion for the petitioner college.

(IV) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent Authorities to permit the petitioner college to take admission in the Honours Level Courses in the Academic Sessions 2019-20 in the faculties of Arts and Commerce.

(V) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the petitioner would be entitled under the facts and circumstances of the case.

3. After some arguments, learned counsel for the

Patna High Court CWJC No.22291 of 2019 dt.21-08-2024 3/3 petitioner seeks permission to withdraw this writ application with a liberty to file a detailed representation before the respondent Authority in case any of the grievances of the petitioner has not been redressed as yet.

3. Permission is accorded.

4. Accordingly, this application stands disposed of with the liberty aforesaid.

(Anjani Kumar Sharan, J) divyanshi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.08.2024 Transmission Date NA