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Patna High Court - Orders

Lalganj College Lalganj, Vaishali vs The State Of Bihar Through The Principal ... on 6 December, 2018

Author: Ashutosh Kumar

Bench: Ashutosh Kumar

    IN THE HIGH COURT OF JUDICATURE AT PATNA
             Miscellaneous Jurisdiction Case No.38 of 2016
                                    In
              Civil Writ Jurisdiction Case No.8899 of 2012
======================================================
Chaurasiya Raj Kishore College

                                                         ... ... Petitioner/s
                                  Versus
The State Of Bihar Through The Principal Secretary Human Resources
Deelopment Department Govt. Of Bihar Patna Namely Shri R.k.mahajan &
Ors

                                                      ... ... Respondent/s
======================================================
                                   with
            Miscellaneous Jurisdiction Case No. 1867 of 2015
                                    In
             Civil Writ Jurisdiction Case No.10024 of 2012
======================================================
Pandit Deen Dayal Upadhyay Evening Degree College

                                                           ... ... Petitioner/s
                                   Versus
The State Of Bihar & Ors

                                                      ... ... Respondent/s
======================================================
                                  with
           Miscellaneous Jurisdiction Case No. 1865 of 2015
                                   In
             Civil Writ Jurisdiction Case No.8932 of 2012
======================================================
Raja Ram Sah Degree ( Evening ) College

                                                           ... ... Petitioner/s
                                   Versus
The State Of Bihar & Ors

                                                      ... ... Respondent/s
======================================================
                                   with
           Miscellaneous Jurisdiction Case No. 1894 of 2015
                                    In
             Civil Writ Jurisdiction Case No.15098 of 2012
======================================================
Lakshmi Devi Sachhidanand Singh Evening Degree College

                                                           ... ... Petitioner/s
                                  Versus
The State Of Bihar Through The Principal Secretary, Human Resources
Development Department, Govt. Of Bihar & Ors
 Patna High Court MJC No.38 of 2016(6) dt.06-12-2018
                                             2/6




                                                              ... ... Respondent/s
       ======================================================
                                          with
                  Miscellaneous Jurisdiction Case No. 1888 of 2015
                                           In
                     Civil Writ Jurisdiction Case No.9052 of 2012
       ======================================================
       Dr. Ram Balak Roy Degree College

                                                                ... ... Petitioner/s
                                         Versus
       The State Of Bihar Through The Principal Secretary, Human Resources
       Development Department, Govt. Of Bihar & Ors

                                                             ... ... Respondent/s
       ======================================================
                                          with
                   Miscellaneous Jurisdiction Case No. 1889 of 2015
                                           In
                    Civil Writ Jurisdiction Case No.14642 of 2012
       ======================================================
       Shri Ram Janki Swamy Sahjanand Saraswati Snatak Mahavidyalay

                                                                  ... ... Petitioner/s
                                          Versus
       The State Of Bihar The Principal Secretary, Human Resources Development
       Department, Govt. Of Bihar & Ors

                                                            ... ... Respondent/s
       ======================================================
                                         with
                  Miscellaneous Jurisdiction Case No. 1891 of 2015
                                          In
                   Civil Writ Jurisdiction Case No.10023 of 2012
       ======================================================
       Mahavir Upadhyay Memorial Degree College

                                                                  ... ... Petitioner/s
                                         Versus
       The State Of Bihar Through The Principal Secretary, Human Resources
       Development Department, Govt. Of Bihar & Ors

                                                              ... ... Respondent/s
       ======================================================
                                          with
                   Miscellaneous Jurisdiction Case No. 1890 of 2015
                                           In
                     Civil Writ Jurisdiction Case No.8686 of 2012
       ======================================================
       Lalganj College Lalganj, Vaishali
 Patna High Court MJC No.38 of 2016(6) dt.06-12-2018
                                             3/6




                                                                ... ... Petitioner/s
                                         Versus
       The State Of Bihar Through The Principal Secretary, Human Resources
       Development Department, Govt. Of Bihar & Ors

                                                              ... ... Respondent/s
       ======================================================
                                          with
                   Miscellaneous Jurisdiction Case No. 2047 of 2015
                                           In
                     Civil Writ Jurisdiction Case No.9252 of 2012
       ======================================================
       Nitishwar Singh Degree College

                                                                   ... ... Petitioner/s
                                         Versus
       The State Of Bihar Through Principal Secretary , H. R. D. Deptt& Ors

                                                              ... ... Respondent/s
       ======================================================
                                          with
                   Miscellaneous Jurisdiction Case No. 3434 of 2015
                                           In
                     Civil Writ Jurisdiction Case No.8730 of 2012
       ======================================================
       Roy Birendra Singh College Kutubpur Kothi Vaishali Through Its Secretary
       Shri Pawan Kumar

                                                                   ... ... Petitioner/s
                                         Versus
       The State Of Bihar Through The Principal Secretary Human Resources
       Development Department Govt. Of Bihar Patna Namely Shri R.k.mahajan &
       Ors

                                                              ... ... Respondent/s
       ======================================================
                                          with
                   Miscellaneous Jurisdiction Case No. 2954 of 2018
                                           In
                     Civil Writ Jurisdiction Case No.9633 of 2012
       ======================================================
       Pt. Ujjwal Kumar Mishra Foundation College Hajipur, Vaishali Through Its
       Chairman Umesh Mishra

                                                                 ... ... Petitioner/s
                                         Versus
       The State Of Bihar Through Sri R. K. Mahajan, The Principal Secretary,
       Human Resources Development Department, Govt. Of Bihar & Ors

                                                 ... ... Respondent/s
       ======================================================
          Patna High Court MJC No.38 of 2016(6) dt.06-12-2018
                                                      4/6




                 Appearance :
                 (In Miscellaneous Jurisdiction Case No. 38 of 2016)
                 For the Petitioner/s    :        Mr. Arun Kumar
                 For the Respondent/s    :        Mr. Gp22 G.P. Ojha
                 (In Miscellaneous Jurisdiction Case No. 1867 of 2015)
                 For the Petitioner/s    :        Mr. Arun Kumar
                 For the Respondent/s    :        Mr. Kinkar Kumar
                 (In Miscellaneous Jurisdiction Case No. 1865 of 2015)
                 For the Petitioner/s    :        Mr. Arun Kumar
                 For the Respondent/s    :        Mr. Ashok Kumar Keshri
                 (In Miscellaneous Jurisdiction Case No. 1894 of 2015)
                 For the Petitioner/s    :        Mr. Arun Kumar
                 For the Respondent/s    :        Mr. Kundan Bhadur Singh
                 (In Miscellaneous Jurisdiction Case No. 1888 of 2015)
                 For the Petitioner/s    :        Mr. Arun Kumar
                 For the Respondent/s    :        Mr. Aag6 Anjani Kumar
                 (In Miscellaneous Jurisdiction Case No. 1889 of 2015)
                 For the Petitioner/s    :        Mr. Arun Kumar
                 For the Respondent/s    :        Mr. Sc21 Kumar Manish
                 (In Miscellaneous Jurisdiction Case No. 1891 of 2015)
                 For the Petitioner/s    :        Mr. Arun Kumar
                 For the Respondent/s    :        Mr. Gp3 S.K. Jha
                 (In Miscellaneous Jurisdiction Case No. 1890 of 2015)
                 For the Petitioner/s    :        Mr. Arun Kumar
                 For the Respondent/s    :        Mr. S.Raza Ahmad
                 (In Miscellaneous Jurisdiction Case No. 2047 of 2015)
                 For the Petitioner/s    :        Mr. Arun Kumar
                 For the Respondent/s    :        Mr. Aag13 A K Chaudhary
                 (In Miscellaneous Jurisdiction Case No. 3434 of 2015)
                 For the Petitioner/s    :        Mr. Arun Kumar
                 For the Respondent/s    :        Mr. Yogendra Pd. Sinha
                 (In Miscellaneous Jurisdiction Case No. 2954 of 2018)
                 For the Petitioner/s    :        Mr. Mahendra Thakur
                 For the Respondent/s    :        Mr. Ashutosh Ranjan Pandey - Aag 15
                 For the University      :        Mr. Sandeep Kumar, Advocate.
                                                  Mr. Rakesh Kumar Sinha, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
                                       ORAL ORDER

6   06-12-2018

The petitioners in all the above contempt applications have sought proceedings of contempt initiated against the respondent authorities for not having complied with the order dated 24.08.2012 passed in C.W.J.C. No. 8899 of 2012.

Mr. Sandeep Kumar, learned counsel appearing for the respondent/Bihar University has stated that 3 rd Patna High Court MJC No.38 of 2016(6) dt.06-12-2018 5/6 supplementary show cause has been filed stating that the order dated 24.08.2012 has been complied with substantially and in true spirit of the order. He has submitted that though there is a positive direction of this Court to recommend for permanent affiliation of the colleges in question but the University rules in this regard prohibit any permanent affiliation in the first instance. For permanent affiliation, five years of temporary affiliation has to be given and in the meantime the performance of the college in question has to be appraised.

It has been submitted on behalf of the University that the recommendation for affiliation (temporary) has already been issued at the end of the University pending final decision of the State Government.

The aforesaid show cause reply is not on record.

Let the office trace the same and place it on the next date.

In one of the applications, Mr. Mahendra Thakur, learned counsel has stated that with respect to Pt. Ujjwal Kumar Mishra Foundation College, Hajipur, Vaishali, no recommendation for even temporary affiliation has been sent.

Patna High Court MJC No.38 of 2016(6) dt.06-12-2018 6/6 Mr. Sandeep Kumar, learned counsel for the respondents has stated that this was because of an inadvertent mistake which shall be rectified by the next date.

Re-notify all these cases on 01.02.2019.

(Ashutosh Kumar, J) krishna/-

U