The main legal point established in the judgment is that the power vested in the State Government under Section 3(3) of the Bihar Private Engineering College (Taking Over) Act, 1991, did not include the power to change the name of the institution.

Ajay Kumar Tripathi, J.

Petitioner filed the writ application because he happened to be the son of the individual in whose name an engineering college at Darbhanga was set up by the initiative of the family. This was done many decades ago as a private venture. The Court also cannot be unmindful of the fact that the father of the present petitioner also happened to be the Chief Minister of the State not once but at least three times. He was also Union Cabinet Minister. He has a reason to be aggrieved when the State authority decided to change the name of the institution after many-many years of its functioning by a kind of executive decision not based on a decision of the State Cabinet as such, as is the contention of the learned senior counsel for the petitioner. When the first effort was made and a notification was issued on 17.11.2008 under the signature of the Secretary of the Department, the petitioner approached the High Court by filing CWJC No.1194 of 2010. The learned single judge has taken a detailed note of the background under which the institution was set up, the take over of the institution by an Ordinance which was subsequently made into an Act in the year 1991. However, after dwelling on the various issues raised on behalf of the petitioner and the State, the learned single judge directed the State authorities to consider the representation to be moved by the petitioner.

2. Annexure-11 is the decision now which is dated 24.05.2013. The Principal Secretary, Science and Technology has rejected the objection of the petitioner and, therefore, the second round of litigation.

3. The Court is not required to go into the factual aspect of the matter any more as to when how the institution was set up and how the State Government decided to take it over etc. The core issue is whether the decision contained in Annexure-11 is legally sustainable or not.

4. Not only from a reading of the impugned order Annexure-11 but even from the stand of the State in the counter affidavit, it is evident that the respondents are harping on the power which is vested in them under Section 3(3) of Bihar Private Engineering College (Taking Over) Act, 1991. The Court, therefore, reproduces the provision for ready reference.

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3- bu futh vfHk;a=.k vfHk;ark egkfo|ky;ksa dk fdlh vU; rduhdh laLFkk esa ifjofrZr djus dh 'kfDr jkT; ljdkj dks jgsxh vkSj le>k tk;sxk fd ;g ges'kk ls izo`Rr gSA** (emphasis mine)

5. Learned senior counsel reads and re-reads the provision contained in clause 3(3) of the above statute and submits that the power vested in the State Government to make changes in the institution into any other technical institution does not include power to change the name of the institution which was taken over as per the Ordinance and the Act. The take over Ordinance Act specifically stated as to what was being taken over and being vested in the State of Bihar. This power to bring about changes has been provided with the object of bringing certain additions to the technical education which may be imparted or to include over and above subjects or stream which the institution was imparting after its constitution as well as take over. The word "ifjofrZr" cannot be read to bring about change even in the name of the institution.

6. The