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2026 Supreme(Online)(Pat) 3004

PATNA HIGH COURT
HARISH KUMAR, J
Ganga Memorial Institute of Technology through its Secretary namely, Manoj Kumar – Appellant
Versus
The State of Bihar through Principal Secretary, Department of Education, Government of Bihar – Respondent
Civil Writ Jurisdiction Case No.9466 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Sanjay Singh Thakur, Adv., Mr. Shashank Shekhar, Adv.
For the Respondents: Mr. Standing Counsel (21), Dr. Anand Kumar, Adv.

The State Government is responsible for timely granting of 'No Objection Certificates' necessary for educational institutions pursuing recognized affiliations.

Headnote:The Court considered the statutory affiliation granted to the petitioner by Pataliputra University but acknowledged the delay in obtaining a 'No Objection Certificate' from the State Government. It directed that the State should expedite the matter within four weeks. Key issues include the procedure for granting necessary approvals regarding educational institutions and the responsibilities of the State in this context.

Table of Content
1. temporary affiliation granted requires state approval. (Para 5 , 6)
2. delay in issuing the no objection certificate is acknowledged. (Para 7)
3. court directs state to expedite approval process. (Para 8)

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

3 10-02-2026 Heard learned Advocate for the respective parties.

2. At the outset, learned Advocate for the petitioner seeks permission to make the Secretary-cum-Director, Higher Education, Education Department, Bihar, Patna as party respondent no. 4.

3. Permission is accorded.

4. Let the same be done in course of the day.

5. This Court is apprised that during the pendency of the present writ petition, temporary affiliation of the institute in question has been duly accorded by the Pataliputra University for three consecutive sessions right from 2025-26 till 2027-28 for conducting Bachelor of Computer Application course vide letter dated 21.06.2025.

6. Referring to the aforesaid facts, learned Advocate for the petitioner further submits at the Bar that despite the order of affiliation having been accorded by the concerned University, till date, the State Government has not granted ‘No Objection Certificate’ which is pending at their end. The afore-noted order has been duly communicated to the State Government long back on 21.06.2025, with a request to approval of the same and extending ‘No Objection Certificate’ but no such order has been passed depriving the petitioner’s institution to conduct the courses.

7. Learned Advocate for the State acknowledged the aforesaid facts and submits that the necessary decision shall be taken in accordance with law.

8. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the limited grievance of the petitioner, specially the fact that with respect to the ‘No Objection Certificate’ and approval, the matter is pending at the end of the State Government, the respondent no. 4 to take up the matter of the petitioner’s institution and pass necessary order with respect to its approval and granting ‘No Objection Certificate’, preferably within a period of four weeks from the date of receipt/production of a copy of this order, in the light of the temporary affiliation extended by the concerned University under letter dated

21.06.2025.

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