Giridharan Mishra Hari Shankar Pathak College v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16790 of 2018 ====================================================== Giridharan Mishra Hari Shankar Pathak College, Bagaha, P.S.-Bagaha, District-West Champaran through its Principal, Shri Babuaji Singh, Son of Late Parmeshwar Singh, Resident of Narayanapur, P.S.-Naraipur, DistrictWest Champaran. ... ... Petitioner

Versus

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

2. Director, Higher 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, Muzaffarpur.

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

For the Petitioner :

Mr. Abhinav Srivastava For the Respondent State:

Mr. Umesh Narayan Dubey, AC to GP-27 For the BSEB :

Mr. Ajay For the University :

Mr. Anay Bihari Sinha ====================================================== 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 ensuing registration of students for admission into the degree level courses in different subjects at the petitioner College through the website of the Board pursuant to introduction of Online Facilitation System for Students ('OFFS" in short) for centralised process of admission that

Patna High Court CWJC No.16790 of 2018(6) dt.09-10-2018 2/3 has been commenced as the link of the web portal of OFSS with respect to the petitioner College is not functional on account of which the aspirants are not able to take admissions into different courses at the College 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 & Commerce 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') in terms of the provisions contained under section 21(2)(d) of the Bihar State Universities Act, 1976."

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 become infructuous.

In respect of the second relief, i.e., direction to the State to take steps for granting approval for permanent

Patna High Court CWJC No.16790 of 2018(6) dt.09-10-2018 3/3 affiliation in favour of the Giridharan Mishra Hari Shankar Pathak College, Bagaha in the district of West Champaran, 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 03.08.2018 for grant of approval.

It seems that so far the University has not sent fresh proposal in response to the letter dated 03.08.2018. It is accordingly directed that let the University take a decision on the letter dated 03.08.2018 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.

(Chakradhari Sharan Singh, J) Pawan/- U