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 same transaction relating to grant of approval of affidavit, LA. No. 1 of 2020 is allowed.

3. 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.

4. Before dealing with the facts of the case, it would be apt to take note of certain relevant statutory provisions regarding grant of affiliation to an institution by an University under the provisions of the Bihar State Universities Act, 1976 (hereinafter to be referred to as 'the Act'). Section 4(19) of the Act confers upon the Universities, within the meaning of the Act, a power to affiliate or disaffiliate colleges according to the Statutes, subject to prior approval of the State Government. Section 21 of the Act deals with the power and duties of the Senate of the University. Clause (d) of sub-section (2) of Section 21 of the Act authorizes Senate of the University to exercise powers for the purpose of control in Colleges and Tols, and of superintendence, which includes affiliation and disaffiliation of Colleges. In accord with the requirement under Section 4(19) of the Act, which requires prior approval of the State Government as a condition precedent for grant of affiliation to a College by the University, the first proviso to sub-section (2) of Section 21 lays down, inter alia, that affiliation or disaffiliation of Colleges shall not take effect, unless it is approved by the State Government. The second proviso to sub-section (2) relates to medical colleges in respect of which also prior approval of the State Government is needed for such College to be affiliated to an University.

5. Section 21(2) further requires that before granting such an approval, the State Government shall consider : -

(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.

6. It is an admitted fact that in exercise of power under Section 4(19) and Section 21(2)(d) of the Act, the University has taken a decision to grant affiliation for the Academic Sessions 2020-21, 2021-22 and 2022-23 to the petitioner-institution. As the Act requires approval by the State Government for the said affiliation to take effect, approval was sought for. As no action was being taken by the State Government on the question of grant of approval by the State Government, this writ application was filed seeking a direction for taking a decision. However, refusal to grant approval for affiliation has been communicated by the impugned communication dated 10.09.2020. Following are the grounds mention