Disposed

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

Patna HC24 Aug 2012CWJC/9318/2012

Case brief

AI extract

What is this about?

The Court held that permanent affiliation cannot be withheld due to general complaints or pendency of vigilance enquiry after Senate approval. It directed the University to send Senate's approval to the State Government within two weeks for the final order to be issued within two months, allowing the college to continue imparting education in the interim.

What did the court decide?

Respondent University directed to send Senate approval to State Government within two weeks; State directed to grant permanent affiliation within two months; College allowed to continue education.

Dr.Ganesh Roy Degree College,S Vs the State of Bihar and Ors. — Patna HC (2012) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9318 of 2012

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====================================================== DR. GANESH ROY DEGREE COLLEGE, SITAMARHI THROUGH THE SECRETARY OF THE MANAGING COMMITTEE NAMELY DR. GANESH ROY S/O LATE RAMDEV ROY R/O VILLAGE- RASIDPUR, P.O.- SHEOHAR, P.S.- SHEOHAR, DISTRICT- SHEOHAR

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.... .... PETITIONER/S VERSUS

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THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 2. BABA RAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR THROUGH ITS VICE CHANCELLOR 3. THE VICE CHANCELLOR BABA RAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR 4. THE REGISTRAR, BABA RAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR 5. THE EXAMINATION CONTROLLER, BABA RAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR

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.... .... RESPONDENT/S ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar, Adv. For the Respondent/s : Mr. Kundan Bhadur Singh SC-22 For the University : Mr. Harendra Kr. Tiwary, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA ORAL ORDER

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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 constituted by the University. The inspection report was submitted by the inspecting team recommending for grant of permanent

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Patna High Court CWJC No.9318 of 2012 (4) dt.24-08-2012

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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 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

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Patna High Court CWJC No.9318 of 2012 (4) dt.24-08-2012

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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 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

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Patna High Court CWJC No.9318 of 2012 (4) dt.24-08-2012

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

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

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