ORDER

Civil Appeal No. 2194 of 1996

1. Mata Gujri Memorial Medical College is the appellant in this appeal, assailing the judgment of the Patna High Court. The appellant is a trust which has set up the medical college in question and having failed in its attempt to obtain necessary affiliation from the university, it had approached the High Court by filing a petition under Articles 226 and 227 of the Constitution. Before the High Court its prayer was that the State of Bihar may be directed to grant approval to the proposal of the affiliation of the college, and the university called B.N. Mandal University, Madhepura to affiliate the said college to the university. The prayer to direct the State Government to accord approval emanated because of the power of the State Government under the Bihar State Universities Act, 1976, more particularly, the second proviso to Section 21 (2) of the Act. The aforesaid provisions may be extracted hereinbelow in extenso:

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"21. Powers and duties of the Senate.-(I) * * (2) In particular and without prejudice to the generality of the foregoing powers, the Senate shall exercise the following powers and perform the following duties, namely(a) of making