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CHAKRADHARI SHARAN SINGH
L. P. Shahi Mahavidyalay – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
1. Heard Mr. P.K. Sahi, learned Senior Counsel appearing on behalf of the petitioner, Mr. Prabhakar Jha, learned G.P.-27 representing the respondent State of Bihar and Mr. Nikhil Kumar Agrawal, learned counsel for the respondent University.
2. This writ application has been filed under Article 226 of the Constitution of India by L.P. Shahi Mahavidyalaya, Muzaffarpur, through its Joint Secretary. The petitioner had initially sought for a direction commanding the respondent Education Department, Government of Bihar, to grant approval of affiliation granted by the Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur (hereinafter to be referred to as 'the University') for Academic Sessions 2020-21, 2021-22 and 2022-23. During the pendency of this application, the Education Department, through its letter dated 10.09.2020 addressed to the Registrar of the University, has communicated refusal to approve the affiliation granted by the University. The petitioner has accordingly challenged the said communication dated 10.09.2020 by seeking amendment in the writ application through LA. No. 1 of 2020. Considering the fact that the communication dated 18.09.2020 arises out of the s
State-imposed conditions for educational affiliation that contradict AICTE approval undermine institutional autonomy and are unconstitutional.
Point of Law : State actions are required to be non-arbitrary and justified on the touchstone of Article 14 of the Constitution. Action of the State or its instrumentality must be in conformity with ....
The purpose of “recognition” and “affiliation” is different. In the context of the N.C.T.E. Act, “affiliation” enables and permits an institution to send its students to participate in the public exa....
The main legal point established in the judgment is that the University's actions in limiting the intake of students and insisting on a NOC from the State Government were arbitrary and not justified ....
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