Priya Rani Roy Degree College v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15574 of 2018 ====================================================== Priya Rani Roy Degree College, Bairagania, District-Sitamarhi through the Secretary of its Governing Body, Dr. Mukund Narayan Roy, Son of late Mahendra Nath Roy, resident of Kali Mandir Chowk, Bairangania, Ward No. 10, District-Sitamarhi.

... ... Petitioner

Versus

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

2. Director, Higher Education, Education Department, Bihar, Patna.

3. Bihar School Examination Board, Patna. through its Secretary

4. Chairman, Bihar School Examination Board, Patna.

5. Secretary, Bihar School Examination Board, Patna.

6. B.R. Ambedkar Bihar University, Muzaffarpur through its Registrar

7. Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffapur

8. Registrar, B.R. Ambedkar Bihar University, Muzaffarpur. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Abhinav Srivastava For the Respondent State:

Mr. Subash Chandra Mishra, SC-16 For the BSEB :

Mr. Satyabir Bharti For the BRABU :

Mr. Arbind Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-10-2018 Following are the reliefs sought on behalf of the petitioner :

"(i) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the Bihar School Examination Board, Patna (hereinafter referred to as 'the Board') to take steps towards displaying the names of the subjects in relation to the courses offered by the petitioner College on the website of the Board pursuant to introduction of Online Facilitation System for Students ('OFFS" in short) for centralised process

Patna High Court CWJC No.15574 of 2018(6) dt.09-10-2018 2/3 of admission that has been commenced as the names of the subjects in the courses which the College may offer have not been indicated on the admission portal on the website of OFSS Board on account of which, the aspiring students are not able to take admissions into different courses at the College during the process of ongoing admission process in different degree level courses for the academic session 2018-19;

(ii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the Education Department of the State Government to take steps towards granting permanent affiliation in favour of the College to offer Hons. courses in different subjects of the Arts & Science streams in furtherance of the recommendation made by the concerned authorities under the B. R. Ambedkar Bihar University, Muzaffarpur (hereinafter referred to as 'the University') and also to approve the proposal for grant of temporary affiliation to offer Hons. courses in the Commerce stream at the College." Learned counsel appearing on behalf of the Bihar School Examination Board submits that the first relief, as prayed on behalf of the petitioner in writ application, has been redressed and, therefore, to that extent this writ application has

Patna High Court CWJC No.15574 of 2018(6) dt.09-10-2018 3/3 become infructuous.

In respect of the second relief, i.e., direction to the State to take steps for granting approval for permanent affiliation in favour of the Priya Rani Roy Degree College, Bairagania, in the district of Sitmarhi, which is said to be pending with the State Government for more than a decade, it appears that the State Government has sought fresh proposal from the University through letter dated 24.08.2018. It seems that so far the University has not sent fresh proposal in response to the letter dated 24.08.2018. It is, therefore, directed that let the University take a decision on the letter dated 24.08.2018 written by the Director, Higher Education, Government of Bihar, within four weeks from the date of receipt of this order. The State Government is directed to take a decision thereafter on the question of approval of permanent affiliation accordingly within four weeks of the receipt of response from the University.

This application stands disposed of with the aforesaid directions and observations.

(Chakradhari Sharan Singh, J) Pawan/- U