The Patna High Court directed the State Government to grant permanent affiliation to a degree college and the University to forward Senate approval. The writ petition was disposed of with directions to continue education and accept student fees pending the final order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8943 of 2012
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DR. INDAL SINGH RAM JANKI DEGREE COLLEGE, PARIHAAR, SITAMARHI THROUGH THE SECRETARY OF THE MANAGING COMMITTEE NAMELY DR. INDAL SINGH NAVEEN, S/O LATE FAUJDAR SINGH R/O AT + P.O.- BARIYARPUR, P.S.- SITAMARHI, DISTRICT- SITAMARHI
.... .... PETITIONER/S VERSUS
.... .... RESPONDENT/S ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate. For the Respondent/s : Mr. S.D. Sanjay AAG-12 For the University : Mr. Harendra Kr. Tiwary, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA ORAL ORDER
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
Patna High Court CWJC No.8943 of 2012 (4) dt.24-08-2012
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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 :
“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.”
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.
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
Patna High Court CWJC No.8943 of 2012 (4) dt.24-08-2012
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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.
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.
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.
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
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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.
With the above observation/direction, the writ petition
is disposed of.
(Prakash Chandra Verma, J)
Bhardwaj/-
3 issues framed by the court
Whether the grant of permanent affiliation to a degree college can be withheld pending a vigilance enquiry regarding the Vice Chancellor.
Whether the respondent University and State Government are directed to process the permanent affiliation application promptly.
Whether the institution can continue imparting education and conduct examinations pending the final order.
Dr. Indal Singh Ram Janki Degree College, Parihar, Sitamarhi
The State of Bihar
Baba Rao Ambedkar Bihar University
Prakash Chandra Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
