Rit Lal Surdip Yadav Degree College Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Rit Lal Surdip Yadav Degree College Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued: petitioner to file an application enclosing all relevant documents (per Annexure-P/11 letter) before respondent no.3 within one week; respondent no.3 to pass an order in accordance with law within one week of receipt, failing which respondent no.3 to be personally held liable for non-compliance; writ application disposed of.

Issue for consideration

Whether grant of permanent affiliation to the petitioner college could proceed, given that the University had referred the college's papers to the State Government but later communicated (Annexure-P/11) that certain documents had not been produced by the College. +1 more

Court's answer

The petitioner was directed to file an application enclosing all the relevant documents (as mentioned in the letter contained in Annexure-P/11) before respondent no.3 within a period of one week.

Ratio / Principle

Respondent no.3 was well advised to pass an order, in accordance with law, within a week of the receipt of the petitioner's application.

Key takeaways

If an order is not passed within one week of receipt of the petitioner's application, respondent no.3 shall be personally held liable for non-compliance of the order of this Court.ratio¶19

Detailed headnote1 paragraphs

Patna High Court (Anjani Kumar Sharan, J.), Oral Order dated 19-08-2024 in Civil Writ Jurisdiction Case No.18453 of 2023 — Rit Lal Surdip Yadav Degree College Dumri, Muzaffarpur v. State of Bihar and others. Learned counsel submitted that the University had already sent a letter along with documents to the State Government to grant permanent affiliation to the petitioner's college, but later communicated by Annexure-P/11 (enclosed with I.A. No.1/2024) that some documents had not been produced by the College. Considering this, the petitioner was directed to file an application, enclosing all relevant documents mentioned in the Annexure-P/11 letter, before respondent no.3 (the Director, Department of Education (Higher Education)) within one week, and respondent no.3 was well advised to pass an order in accordance with law within a week of receipt; it was made clear that failure to pass the order within one week would make respondent no.3 personally liable for non-compliance of the Court's order. The present writ application was accordingly disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18453 of 2023

======================================================

Rit Lal Surdip Yadav Degree College Dumri, Muzaffarpur, through its Principal Ram Naresh Singh (Male), aged about 65 years, Son of Durga Prasad Singh, Resident of Village - Gobrahi Near Pokharpar, P.O.- Khabra, P.S.- Sadar, District Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Department of Education (Higher Education), Govt. of Bihar, New Secretariat, Patna.

The Principal Secretary, Department of Education (Higher Education), Govt. of Bihar, New Secretariat, Patna.

The Director, Department of Education (Higher Education), Govt. of Bihar, New Secretariat, Patna.

Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its Registrar.

The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.

The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.

The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Arun Kumar, Adv. For the Respondent/s : Mr.Anwar Karim, AC to GP 11 For the University : Mr.Zaki Haider, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

3 19-08-2024 Heard learned counsel for the petitioner and learned counsel for the respondents-State and the University.

Learned counsel for the petitioner submits that the University had already sent a letter along with documents to the State Government to grant permanent affiliation to the petitioner’s college but later on by Annexure-P/11 (enclosed

Patna High Court CWJC No.18453 of 2023(3) dt.19-08-2024 2/2

with I.A. No.1/2024), stating therein that some documents have not been produced by the College.

Considering the aforesaid fact, the petitioner is directed to file an application, enclosing all the relevant documents (as mentioned in the letter contained in Annexure-P/11) before the respondent no.3 within a period of one week from today and the respondent no.3 is well advised to pass an order, in accordance with law, within a week of the receipt of the application of the petitioner.

It is made clear that, if an order is not passed within one week of receipt of the application of the petitioner, the respondent no.3 shall be personally held liable for noncompliance of the order of this Court.

The present writ application is accordingly disposed of.

(Anjani Kumar Sharan, J)

pallavi/-

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