JUDGMENT

1. Heard Mr. P.K. Sahi, learned Senior Counsel appearing on behalf of the petitioner, Mr. Rakesh Narayan Singh, learned counsel representing the respondent State of Bihar and Mr. Nikhil Kumar Agrawal, learned counsel for the respondent University.

Today, a judgment has been delivered, in case of L.P. Shahi Mahavidyalay, Muzaffarpur vs. The State of Bihar and Others (C.W.J.C. No. 8059 of 2020), wherein this Court has set aside a letter dated 10.09.2020 issued by the Education Department, Government of Bihar, whereby a proposal, sent by the Baba Sahebn Bhim Rao Ambedkar Bihar University, Muzaffarpur (hereinafter to be referred to as 'the University') for grant of approval of affiliation to the College in that case was rejected by the State Government, being in conflict with the provisions under Section 21(2)(d) of the Bihar State Universities Act, 1976 (hereinafter to be referred to as 'the Act').

In this case also, the petitioner, namely, Orakh Thakur Memorial Degree Mahavidyalay Motipur (Sandha), Muzaffarpur, through its Secretary, has challenged a communication of the same date dated 10.09.2020, issued by the Education Department, Government of Bihar, refusing to grant approval of affiliation. The said communication dated 10.09.2020 has been challenged by seeking amendment in the writ petition through LA. No. 1 of 2020. Considering the fact that the communication dated 18.09.2020 arises out of the same transaction relating to grant of approval of affidavit, LA. No. 1 of 2020 is allowed.

Consequently, the petitioner is permitted to challenge the said communication dated 10.09.2020. The averments made in LA. No. 1 of 2020 have been treated to be part of the main writ application.

On perusal of the said communication dated 10.09.2020, it transpires that the College in question possesses 4.2 acres of land. The communication notices a fact relating to an application for registration of a transfer deed for transfer of additional 85 decimal of land in the name of the Governor of Bihar for the College in question for which an application was said to be pending then for exemption from paying registration fee with the District Magistrate, since 06.1.2019, though the documents in support of the proposal for transfer was not enclosed and, therefore, in the opinion of the State Government, the College did not satisfy the requirement of land (5 acres) prescribed for grant of affiliation.

In the counter affidavit filed on behalf of the State of Bihar, it has been stated that upon examination of the documents, it has been found that the College has not acquired 66 decimal of land. It has further been stated that out of five acres and 6 decimal of land, 85 decimal is not in the name of the College, rather in the name of one Shashank Shekhar, who is admittedly ready to transfer the land in the name of the College and a request has been made in this regard by the College to the District Magistrate to exempt from payment of registration charge. Only on the ground that the College does not have five acres of land, the State Government has refused to grant approval of affiliation.

This Court, in the judgment and order dated 24.08.2021 passed in case of L.P. Shahi Mahavidyalay, Muzaffarpur vs. The State of Bihar and Others (C.W.J.C. No. 8059 of 2020), has noted that the scope of consideration for the State Government while granting affiliation under Section 21(2)(d) of the Act, which are as under : -

(i) the financial viability of the College;

(ii) nature and form of the proposed management of the College;

(iii) the viability of the Academic standard; and

(iv) all other conditions which are likely to have adverse effect on the interest of the students admitted to such College.

The letter dated 10.09.2020 impugned in this case is set aside for the same reasons as recorded in case of L.P. Shahi Mahavidyalay, Muzaffarpur (supra). The matter is remanded back to respondent No. 2 for a final decision to be taken by the State Government in accordance with l