JUDGMENT :

1. Heard Mr. Ashhar Mustafa, learned Advocate for the petitioner/college, Mr. Shashi Shekhar Tiwary, learned counsel for the State and Mr. Nikhil Kumar Agrawal, learned Advocate for the respondent/University.

2. This writ petition has been filed for setting-aside the communication contained in Memo No. 14/AF-11/2015 1232, dated 15.07.2019, issued by the Deputy Secretary, Education Department, Govt. of Bihar, Patna, whereby, the Registrar of Baba Saheb Bhim Rao Ambedkar Bihar University (in short the University) has been informed that the proposal sent to the government by the University for grant of affiliation to the petitioner/college has been rejected on account of non-fulfillment of the requirements of ownership and possession of the land as prescribed in Statute No. 1098, dated 19.04.1986, and Letter No. 3196, dated 14.12.2017, issued by the Secretariat of the Hon’ble Governor.

3. A further request has been made for directing the extension of affiliation of the petitioner/college from Sessions 2012–2013 to 2018–2019 and for Session 2019– 2020 onwards in accordance with the proposals sent by the respondent/University to the Education Department of the government.

4. Without referring to the details adverted to in the present petition, the controversy and the reason for the government to reject the recommendation of affiliation of the petitioner/college is that it does not have the requisite area of land as required under the Statute for running a Degree college.

5. Mr. Mustafa, learned Advocate for the petitioner/college has drawn the attention of this Court to the fact that initially, with the efforts of Dr. Ganesh Roy, an academician of the area, a college was started under the name of “Choudhary Charan Ganesh Roy College, Sitamarhi”. He being the founder and the Secretary of the Managing Committee of the college, donated land to the college. The college, after being established in the year 1989–1990 was administered properly till 1997. Thereafter, on the rejection of the recommendation of the Bihar Intermediate Education Council by the government, the affiliation of the college with the University was not extended. After a lapse of about 4 to 5 years, the Managing Committee of the college unanimously resolved to change the name of the earlier entity, viz., “Choudhary Charan Ganesh Roy College, Sitamarhi”, as “Dr. Ganesh Roy Degree College, Sitamarhi”. It was also resolved that with the change of the name of the college, all the properties of the erstwhile Choudhary Charan Ganesh Roy College, Sitamarhi would vest in Dr. Ganesh Roy Degree College, Sitamarhi.

6. It has also been brought to the notice of this Court that in the inspection, which was conducted for grant of permanent affiliation, it was found that the college in question had all the infrastructure and wherewithals for being recommended for permanent affiliation.

7. The inspection report was approved by the Affiliation Committee as well as by the Academic Council and Syndicate of the University. However, such acceptance of the inspection report and the recommendation of the University never reached the government.

8. The petitioner/college, thereafter, approached this Court for the needful vide C.W.J.C. No. 9318 of 2012. In the aforesaid writ petition, a direction was issued to the University to send the approval of the Senate for grant of permanent affiliation to the State Government within a period of two weeks and the State Government was also, in turn, directed to take a decision on such recommendation within a further period of two months thereafter.

9. On such recommendation having been forwarded to the government, affiliation to the college was granted but only for the Session 2011–2012. Thereafter, again, a new committee was constituted by the University for the inspection of the college, which, again, recommended for extension of affiliation for Sessions 2017–2018 onwards. This inspection report also was approved by the Academic Council and t