1. In this application under Articles 226 and 227 of the Constitution of India the petitioner, through its Secretary, is Zakia Afaque Islamia College, Siwan, in the district of Siwan, which has prayed for the issuance of a writ in the nature of mandamus directing respondent No.2, namely, the Vice-Chancellor of the University of Bihar Muzaffarpur, to affiliate the petitioner College in the Faculty of Education and/or any other writ/direction to issue to the respondents for an appropriate relief in this regard so as to permit the students of the petitioner-College to take their Bachelor of Education examination of the Bihar University for the session 1980-81 and/or any other relief which the petitioner may be entitled, to on the facts and in the circumstances of the case.

2. Although, the hearing of the case has been protracted rather long, on account of the tenacity of the learned counsel for the University, the broad facts relevant for the disposal of this application are more or less admitted. It is worthwhile to mention here that initially at the time when interim relief was sought a counter-affidavit was filed on behalf of the University (for all practical purposes the Vice-Chancellor) that was already on record. By an order dated 17th July, 1981 a Bench of this Court, consisting of the learned the Chief Justice and P.S. Sahay, J., had directed that further counter-affidavit, if any, must be filed by the 30th July, 1981 after serving copies on the other side. This was not done. When the case was taken up for final hearing on 7th Aug., 1981 a counter-affidavit on behalf of the University and another counter-affidavit on behalf of the State of Bihar, respondent No.1, were filed in course of the hearing. In view of the order of the Bench and also in view of the provisions of R.6 of Chapter XXI-C of the Patna High Court Rules we had earlier rejected orally the prayer of the learned counsel appearing for the University as also for the State of Bihar to entertain those counter-affidavits. Since, however, on the 8th Aug., 1981 the case was adjourned on account of non-availability of the Bench to hear this case, when the matter was taken up on 17th Aug., 1981 both learned counsel for the University and the State prayed that since the date of the commencement of the examinations had been postponed and there had been now sufficient time for the petitioner to test the correctness of the statements made in the counter-affidavits which were sought to be entertained by this Court, their prayer to entertain these counter-affidavits may be accepted. We, accordingly, since no formal written order was passed and recorded in the order sheet, accepted the counter-affidavits as part of the records of the case. Be that as it may, these counter-affidavits are of no avail for the purpose of disposal of this writ application.

3. As we had indicated earlier, the relevant facts for the disposal of this writ application are short and simple. In the year 1971 Zakia Afaque Islamia College was established. After due correspondence with the University Authorities and the State of Bihar an order was passed by the State Government on 14th Jan., 1978 declaring this institution to be a Minority Institution; the order is contained in Annexure-5 to the writ application, The College was affiliated in all the faculties of courses of studies then in existence to the University. On 22nd June, 1980 an application was made by the petitioner-College to the University for affiliation in the faculty of Education, that application is marked Annexure-1 to the writ application. On 16th July, 1980 the Vice-Chancellor directed the petitioner-College to deposit the fee for the Inspector who admittedly under the law has to inspect and make a report with regard to affiliation in any faculty. On 19th July, 1980 the College deposited the fee. Nonetheless no Inspector was ever deputed to go and inspect the affairs with regard to the courses of study in the faculty of Bache