The exercise of discretion by the State must be reasonable and cannot be arbitrary. The State's actions were found to be grossly arbitrary and highly discriminatory without any lawful reason or rationale.

Navaniti Pd Singh, J.

1. These three writ petitions have been filed by Smt Parvati Kumari and others. She happens to be the Principal of Sanjay Gandhi Smarak Mahila College, Sheikhpura. In substance, by these three writ petitions reliefs that are sought by the petitioners are :

(i) For setting aside the letter by which annual recurring Government grant to the college amounting to Rs 10 lacs was withdrawn;

(ii) To grant status of deficit grant college to the petitioners college and;

(iii) In the larger public interest to take over the college as constituent college under the Tilka Manjhi Bhagalpur University, Bhagalpur.

2. It may be noted that initially, the first writ petition was filed in the year, 1999 followed later by the other two writ petitions. They were all admitted for final hearing.

3. Counter affidavits have been filed with replies thereto. At one stage, petitioners brought on record that there were several colleges which were established, affiliated later than the petitioners; colleges that were not found fit to be taken over but all those colleges were granted the deficit grant status, which is more than recurring grant and, some of them were even made constituent. But, for no good reason or no reason at all, petitioners college was never considered even though they had recommendations for take over and/or financial support from the Chancellor of the University, from the Chief Minister and from the University as well. When such affidavits were filed, this Court directed the State to specifically respond to the issues in relation to the facts as pleaded. Number of adjournments were granted but State, on one pretext or the other, avoided filing direct affidavit on the issues. At one stage, it was even reported that in respect of those colleges suddenly the files disappeared from the Secretariat relieving them of the obligation to controvert the facts. This Court took a very strict view of the matter and then one by one the files reappeared but State decided not to file any further counter affidavit controverting the facts in relation to the petitioners college or for that matter, facts relating to other colleges.

4. Basic plea, as sought to be established by the petitioners, was of arbitrariness and hostile discrimination as against the plea of the State that the State policy did not permit giving any financial assistance to any educational institution. It is in this perspective that the facts have first to be seen.

5. Sheikhpura was a subdivision of Munger district which happens to be one of the oldest districts in the State. It became a full fledged district ultimately in the year, 1994. It is quite some distance away both from Munger or from Bhagalpur. This rural town has a descent population but lacked exclusive women’s college. In absence of women’s college, girls and ladies of Sheikhpura were seriously handicapped in getting their education at intermediate or college level as in such rural areas, grown up girls are not encouraged to go to colleges which are co-educational. It is with the object of providing higher education that is college education to girls and encouraging them to pursue their studies that this college Sanjay Gandhi Smarak Mahila College at Sheikhpura was established in June, 1980 exclusively for women. Initially, it started as an exclusively Inter College that is imparting education to girls/ladies at intermediate level. Being encouraged by the response as it was the only exclusively women’s college, the college got affiliation for various subjects from the Bihar Intermediate Education Council on 16.02.1982 (Annexure 14) and had a large number of girl students studying upto Intermediate. The college, having its own extensive land and building as well as qualified teaching staff, then applied for affiliation with Tilka Manjhi Bhagalpur University for graduate level courses. The application of the college was forwarded with necessary inspection report to the State Government by the s