ANIL KUMAR SINHA, J.:–The petitioner, who is Secretary of Prof. Vijay Shankar Rai Mahila College, Sherghati, Gaya has filed the present writ application for quashing the Memo No. 15/M-1-41/2012-205 dated: 22.01.2019 (Annexure – 6) issued by the Principal Secretary-cum-Additional Chief Secretary, Education Department, Government of Bihar, Patna/Respondent No. 2 by which affiliation of the College has been refused. However, during pendency of the writ application, affiliation to the College has been granted by the State Government vide Memo No. 2525 dt- 23.11.2021 starting from the academic year 2021-22. The petitioner in the circumstances has prayed that affiliation should be granted starting from the Session 2020-2021.

2. I.A. No. 2/2021 has also been filed by the petitioner for a direction to the respondent- Magadh University (for short “the University”) to hold special examination for B.A./B.Sc. / B.Com Part-I (Hons) for the session 2019-20 for the students of the College. The petitioner has claimed that the College was earlier granted affiliation by the University which was duly approved by the State Government for the academic session 2009-10 to 2013-14 in respect of Arts & Commerce Pass Course and Honors Course and 2009-10 to 2011-12 in respect of B.Sc. Pass Course and Honors Course.

3. The affiliation to this College was further granted in Science, Arts and Commerce faculty up to the session 2015- 2016 vide Annexure – 3 dated: 28.06.2016. After the session 2015-2016 affiliation to the college was not granted and/or was pending for approval before the competent authority and the petitioner in the circumstances filed a writ application bearing CWJC No. 11236/2018 before this Court seeking direction to the respondents to accept examination forms and fees for students of the College for B.Sc., B.Com Part-III examination for the session 2017-18. This Court refused to direct the respondents to accept fees and forms of the students of the College on the ground that it does not have affiliation with the University within the meaning of various provisions under the Bihar State Universities Act, 1976 in the light of law as discussed by this Court in the case of National Institute of Health Education and Research Vs. State of Bihar & Ors. (C.W.J.C. No. 16553 of 2017 disposed of on 16.05.2018) and in the case of Dr. Ram Pramod Thakur and another Vs. State of Bihar & Ors. (C.W.J.C. No. 4660 of 2017 and analogous cases disposed of on 26.04.2018). This Court however directed the Principal Secretary, Higher Education Department, Govt. of Bihar, Patna to take final decision on grant of approval for affiliation in respect of the petitioner’s College. Pursuant to the aforesaid order the respondent no. 2 vide Memo No. 15/M1-41/2012-205 dated: 22.01.2019 rejected the proposal of affiliation to the College on the ground that it did not fulfill the requisite criteria for affiliation.

4. On the basis of representation of the petitioner before the Hon’ble Chancellor, the Chancellor vide letter dt-27/01/2020 bearing Memo No. MU 05/2020/218 directed the University to make inspection and submit report and in compliance thereof inspection team submitted its report to the University and made recommendation for permanent affiliation and accordingly the respondent- University sent the said report to the Joint Secretary, Governor’s Secretariat, Patna vide letter no. 121/ GIII A dt. 05.08.2020. In these circumstances the State Government vide Memo No. 2525 dt: 23.11.2021 has granted approval for affiliation to the College in question from the academic session 2021– 22 ( Annexure –A to the supplementary counter affidavit filed by the respondent nos. 2 to 4).

5. Learned counsel for the petitioner submits that proposal for grant of affiliation to the College was pending since long and pursuant to the order passed by this Court in CWJC No. 11236 / 2018 the proposal for grant of affiliation was rejected on 22-01- 2019 but subsequently on the basis of fresh inspec