IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21882 of 2012

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GEETA

PRASAD

SINGH

COLLEGE

OF

COMMERCE,

MUZAFFARPUR THROUGH ITS PRINCIPAL DR. UMESH CHANDRA

DAS, S/O LATE HEM NARAYAN DAS RESIDENT OF DAMU CHAK,

P.S.- KAJI MOHAMMADPUR, DISTRICT- MUZAFFARPUR

.... .... PETITIONER/S

VERSUS

1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,

HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF

BIHAR, NEW SECRETARIAT, PATNA

2.

THE

PRINCIPAL

SECRETARY,

HUMAN

RESOURCES

DEVELOPMENT

DEPARTMENT,

GOVT.

OF

BIHAR,

NEW

SECRETARIAT, PATNA

3. BABASAHEB BHIMRAO AMBEDKAR BIHAR UNIVERSITY,

MUZAFFARPUR THROUGH ITS VICE CHANCELLOR

4. THE VICE CHANCELLOR, BABASAHEB BHIMRAO AMBEDKAR

BIHAR UNIVERSITY, MUZAFFARPUR

5. THE REGISTRAR, BABASAHEB BHIMRAO AMBEDKAR BIHAR

UNIVERSITY, MUZAFFARPUR

6. THE EXAMINATION CONTROLLER, BABASAHEB BHIMRAO

AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR

.... .... RESPONDENT/S

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Appearance :

For the Petitioner/s : Mr. Arun Kumar, Advocate

For the University : Mr. Harendra Kumar Tiwary,Advocate

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN

ORAL ORDER

3

19-12-2012

Heard the parties.

2. The present writ petition has been filed for a

direction to the respondents to grant permanent affiliation to the

petitioner’s College for conducting degree courses (pass course

and honours course) in different faculties(Arts and Commerce).

A prayer has also been made to direct the respondent University

to accept the Registration fee and form, Examination fee and

Patna High Court CWJC No.21882 of 2012 (3) dt.19-12-2012

2

form of the students of the Session 2012-15 and after accepting

the same, allow the students to appear in the Examination who

have been admitted in the petitioner’s College in Arts and

Commerce faculties for the Session 2012-15 with a further

direction to the respondent University to accept the registration

fees and forms of the students of B.A. Part II (Pass Course and

Hon’s Course) in different faculties of the students of Session

2011-14 and after accepting the same, allow the students to

appear in the examination who have been admitted in the

petitioner’s College in Arts and Commerce faculties for the

Session 2011-14 and have passed the B.A. Part I examination

from the petitioner’s College.

3. Learned counsel for the petitioner submits that the

petitioner’s college fulfils all the parameters and conditions for

grant of permanent affiliation. In the inspection report, the six

members Committee also recommended for grant of permanent

affiliation from the Session 2011-14 onwards as the College

fulfilled the criteria for affiliation in all the three faculties and

was found to have requisite resources and infrastructure. The

inspection report was considered by the New Teaching

Programme Committee and placed before the Syndicate and

Senate for approval. The matter of grant of permanent affiliation

Patna High Court CWJC No.21882 of 2012 (3) dt.19-12-2012

3

however still hangs in fire.

4. Learned counsel for the petitioner submits that the

petitioner’s college is similarly situated with a number of other

Colleges in whose cases orders have already been passed by this

Court and directions issued. He refers to the orders passed in

CWJC No. 9727 of 2012(Shiawati Lalmuni Devi Degree

College, Krishnawara,Rasalpur,Patehpur, Vaishali vs. Baba

Rao Ambedkar Bihar University, Muzaffarpur and ors.) and

CWJC No. 8899 of 2012 (Chaurasiya Raj Kishore College,

Hajipur, Vaishali and anr. vs. The State of Bihar and others),

both dated 24.8.2012 (Annexure-14 series) in this regard.

5. Learned counsel for the respondent University has no

objection if the present writ petition