Advocates:
['Nivedita Nirvikar', '', 'Subodh Kumar Barnwal', 'Ujjwal Kumar Sinha', 'S C MISHRA -SC', '', 'Vikas Ratan Bharti', 'Amarendra Nath Verma']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17936 of 2017

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Abhishek Kumar, son of Sri Shatrughan Pathak, the Principal, Adarsh Champaran

Degree Mahavidyalay, Kotwa, East Champaran, resident of Chhota Bariyarpur,

near Hawai Adda Dakshin, P.S.- Motihari, District- East Champaran, Motihari.

.... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Education Department.

2. The B.R.A. Bihar University Muzaffarpur through its Registrar.

3. The Vice- Chancellor, B.R.A Bihar University, Muzaffarpur.

4. The Examination Controller, B.R.A. Bihar University, Muzaffarpur.

5. The Inspector of College, Science, B.R.A. Bihar University, Muzaffarpur.

6. The University Grants Commission, through its Chairman, New Delhi.

.... .... Respondent/s

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Appearance :

For the Petitioner/s : Ms. Nivedita Nirvikar, Adv.

Mr. Ujjwal Kumar Sinha, Adv.

Mr. Manishdhari Singh, Adv.

For the Respondent/s : Mr. S.C.MISHRA -SC16

Mr. Pramod Kumar, AC to SC-16

For the University : Mr. Mritunjay Kumar, Adv.

For U.G.C. : Mr. Amrendra Nath Verma, SC to UGC

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH

ORAL JUDGMENT

Date: 07-12-2017

Heard the parties.

This writ application has been filed by Principal of Adarsh

Champaran Degree Mahavidyalay, Kotwa, East Champaran seeking

direction to the respondent Babasaheb Bhimrao Ambedkar Bihar

University, Muzaffarpur to grant affiliation to the said College for the

Bachelor degree course in Arts, Science and Commerce for the

session 2016-19 onwards, since according to the petitioner, the

College fulfills all the criteria for affiliation prescribed under the

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Bihar State Universities Act, statutes and regulations framed

thereunder. In the same breath a direction is being sought to the

University to accept registration and examination forms of the

students and to allow them to appear in the examination of first year

of Bachelor degree course in their respective subjects for sessions

2016-19 scheduled to commence from 20.12.2017. It is evident from

the relief sought that the College is not affiliated. In such

circumstance, this court cannot direct the University to accept

registration and examination forms of the students of the College to

allow them to appear for the examination.

Ms. Nivedita Nirvikar learned counsel appearing on behalf

of the petitioner has submitted that the College has given admission to

students for various courses in anticipation of grant of affiliation by

the University. She has also submitted that in similar circumstance,

the University has allowed students of other unaffiliated Colleges to

appear in the examination through different affiliated Colleges. She

contends that the University should be directed to give the same

treatment to the students of the present college.

In my view, there being clear provision under the Bihar

Universities Act, the students of unaffiliated Colleges cannot be

allowed to appear in the examination to be held by the University. The

practice which the University is said to have adopted of allowing

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students of unaffiliated Colleges, to appear for examination through

affiliated Colleges cannot be countenanced, there being no provision

of such arrangement under the Bihar State Universities Act or the

statutes framed thereunder.

Learned counsel for the petitioner has drawn my attention to

an order of this court dated 24.08.2012 passed in C