Allowed

Lalganj College Lalganj,Vaisha v. the State of Bihar and Ors.

Patna HC24 Aug 2012CWJC/8686/2012

Case brief

AI extract

What is this about?

The Patna High Court directed the University to send its Senate approval for permanent affiliation to the State Government. The court held that affiliation cannot be withheld due to a vigilance enquiry and directed the State to issue the order within two months. The institution was authorized to continue education and examinations.

What did the court decide?

Directed the University to refer the matter to the State Government within two weeks and the State to issue the permanent affiliation order within two months; authorized the institution to continue ed

Lalganj College Lalganj,Vaisha Vs the State of… — Pension and Retirement Benefits | Patna HC (2012)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8686 of 2012

¶2

====================================================== LALGANJ COLLEGE LALGANJ, VAISHALI THROUGH THE SECRETARY OF THE MANAGING COMMITTEE NAMELY DR. MAHENDRA PRASAD SINGH S/O LATE NAND KISHORE PRASAD SINGH RESIDENT OF VILLAGE - SINDHNA, P.O. & P.S. - RUPOW, DISTRICT - NAWADA .... .... 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. BABA RAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR THROUGH ITS VICE CHANCELLOR 4. THE VICE CHANCELLOR, BABA RAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR 5. THE REGISTRAR, BABA RAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR 6. THE EXAMINATION CONTROLLER , BABA RAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR .... .... RESPONDENT/S ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar, Adv. For the Respondent/s : Mr. S.Raza Ahmad AAG-9 For the University : Mr. Harendra Kr. Tiwary, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA ORAL ORDER

¶3

4 24-08-2012 The writ petition has been filed for direction to the respondents to grant permanent affiliation to the Institution for conducting Degree Courses (Pass course & Hons’ Course) in different faculties. The petitioner is a degree college. It applied for grant of permanent affiliation before the respondent University along with all the relevant documents. The inspecting team was

¶4

Patna High Court CWJC No.8686 of 2012 (4) dt.24-08-2012

¶5

¶6

constituted by the University. The inspection report was submitted by the inspecting team recommending for grant of permanent affiliation to the college. The matter was placed before the affiliation and new Teaching Programme Committee of the University which recommended for grant of the same subsequently the matter was placed for consideration before all the statutory authorities. The respondent University has stated in paragraph 5 of the counter affidavit as follows :

¶7

“That after recommendation by the affiliation and new teaching programme committee, Academic Council and Syndicate, Senate of respondent University has also approved grant of permanent affiliation to the petitioner college.”

¶8

The respondent University in para 6 and 7 of the counter affidavit has stated that the matter was under consideration for referring it to the State Government for grant of permanent affiliation to petitioner college but in view of the pendency of vigilance enquiry in the grant of affiliation to the colleges, the matter is held up.

¶9

The permanent affiliation of an institution cannot be withheld on account of certain complaint filed by any person. The said complaint is also stated to be against the present Vice

¶10

Patna High Court CWJC No.8686 of 2012 (4) dt.24-08-2012

¶11

¶12

Chancellor and other officials of the University relating to conduct of their business of office. The allegations are general in nature as such the grant of permanent affiliation cannot be withheld after the approval of the Senate of the University. Without expressing any opinion into the legality or illegality of vigilance inquiry, any order of affiliation will abide by any outcome of vigilance inquiry.

¶13

This Court by its order dated 26.07.2012 had directed the respondent University to send the recommendation of the Senate to the State Government for grant of approval. In para 10 of the counter affidavit it has been stated that if this Hon’ble Court directs, the respondent University is ready to refer the matter of permanent affiliation to the State Government. The respondent University is hereby directed to send the approval of Senate for grant of permanent affiliation to the State Government within a period of two weeks.

¶14

After receipt of reference by University, the State government shall grant and issue the order of permanent affiliation within a period of two months from the date of receipt/production of a certified copy of this order.

¶15

Since the students have appeared in the examination in view of the interim order granted by this Court and in view of the affiliation by the Committee which was the reason for interim

¶16

Patna High Court CWJC No.8686 of 2012 (4) dt.24-08-2012

¶17

¶18

order, the institution shall continue to impart education. Till the Respondent State issues the order of Permanent Affiliation, the University is hereby directed to accept the Registration Fee and Form, Examination Fee and Forms of the students and publish their result.

¶19

With the above observation/direction, the writ petition

¶20

is disposed of.

¶21

(Prakash Chandra Verma, J)

¶22

Bhardwaj/-

Lalganj College Lalganj,Vaisha v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Lalganj College Lalganj,Vaisha v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Asha Devi Vs the State of Bihar and Ors.

Niraj Shankar Vs the State of Bihar and Ors.

Smt.kiran Devi Vs The State Of Bihar and Ors.

Dr.Ganesh Roy Degree College,S Vs the State of Bihar and Ors.

Dr.Indal Singh Ram Janki Degre Vs the State of Bihar and Ors.

Rit Lal Surdeep Yadav Degree C Vs the State of Bihar and Ors.