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Dr.Ram Balak Roy Degree Colleg v. the State of Bihar and Ors.

Patna HC27 Aug 2012CWJC/9052/2012

Case brief

AI extract

What is this about?

The Court directs the university to forward Senate approval for permanent affiliation to the State Government within two weeks and the State to grant approval within two months, ensuring the institution continues education and admits students pending the order.

What did the court decide?

Directed University to send Senate approval to State Government within two weeks; State to grant affiliation within two months; institution to continue education and admit students.

Dr.Ram Balak Roy Degree Colleg Vs the State of Bihar… — Education and Admissions | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.9052 of 2012

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====================================================== DR. RAM BALAK ROY DEGREE COLLEGE, HAJIPUR, VAISHALI THROUGH THE SECRETARY OF THE MANAGING COMMITTEE NAMELY BINOD KUMAR S/O DR. RAM BALAK ROY R/O SUBHASH CHOWK, POKHRA MOHALLA, P.O. & P.S.-HAJIPUR, DISTRICT- VAISHALI

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.... .... 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, Advocate. For the Respondent/s : Mr. Anjani Kumar AAG-10 For the Intervener/Res. : Mr. Y.V.Giri, Sr. Advocate. Mr. Arun Kumar, Advocate. For the University : Mr. Harendra Kr. Tiwary, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA ORAL ORDER

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4 28-08-2012 I.A. No. 5140 of 2012

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Interlocutory application filed on behalf of the intervener is fit to be rejected on the ground that the intervener approached this Court in the writ jurisdiction with the same and similar reliefs and on similar grounds. The said writ application was dismissed by the order dated 13.09.2011 passed in CWJC No.

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Patna High Court CWJC No.9052 of 2012 (4) dt.28-08-2012

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10486 of 2011. The intervener has enclosed the resolution dated 03.03.2011 i.e. prior to the order dated 13.09.2011 passed in CWJC No. 10486 of 2011. Accordingly, I.A. No. 5140 of 2012 is dismissed. The statutory authorities i.e. University is competent to take decision.

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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 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 :

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“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

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Patna High Court CWJC No.9052 of 2012 (4) dt.28-08-2012

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petitioner college.”

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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.

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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 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.

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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

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Patna High Court CWJC No.9052 of 2012 (4) dt.28-08-2012

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Senate for grant of permanent affiliation to the State Government within a period of two weeks.

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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.

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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 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.

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With the above observation/direction, the writ petition is disposed of.

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(Prakash Chandra Verma, J)

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Bhardwaj/-

Dr.Ram Balak Roy Degree Colleg v. the State of Bihar and Ors.

Case brief

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Dr.Ram Balak Roy Degree Colleg v. the State of Bihar and Ors.

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