Patna High Court - Orders
Pappu Kumar Thakur vs Patliputra University, Through Its ... on 15 May, 2026
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6134 of 2026
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Pappu Kumar Thakur & Ors
... ... Petitioner/s
Versus
Patliputra University, through its Vice Chancellor & Ors
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Tuhin Shankar, Adv
For the State : Mr. Mujtabaul Haque, GP 12
Mr. Manish Kumar, AC to GP 12
For Res. No. 3 (Oxford College) : Mr. Rajeev Kumar Verma, Sr. Adv
Mr. Gopal Kumar, Adv
For the P.P.U. : Mr. P.K. Verma, Sr. Adv
Mr. Dr. Anand Kumar, Adv
Ms. Tooba Hera, Adv
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
8 15-05-2026Re: I.A. No. 01 of 2026.
Heard the parties.
2. The present interlocutory application being I.A. No. 1 of 2026 has been filed on behalf of the petitioners seeking interim relief for permitting the petitioners along with 360 similarly situated students admitted in BBA and BCA courses of Oxford College of Research and Management to provisionally appear in the ensuing examinations for the academic session 2025-26 being conducted by the respondent University.
3. Learned counsel for the petitioners submits that the petitioners are bona fide students admitted in BBA and BCA Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 2/27 courses for the academic session 2025-26 in the Respondent No. 3 institution, namely "Oxford College of Research and Management". It is submitted that the present writ petition has been preferred not only in individual capacity but also in a representative capacity on behalf of similarly situated students, namely 170 students enrolled in BBA and 180 students enrolled in BCA courses, whose details have been enclosed with the writ application.
4. It is further submitted that the Respondent No. 3 institution was granted recognition by All India Council for Technical Education (AICTE) vide Letter dated 30.04.2025 for conducting BBA and BCA courses with sanctioned intake of 180 students each for the academic session 2025-26. Thereafter, upon inspection and approval by the competent authorities of the respondent-University, affiliation was granted by Patliputra University for the concerned academic sessions 2024-25 & subsequently for 2025-26 and 2026-27 sessions and the University also recommended the case of the institution before the State Government for grant of approval in terms of Section 21(2)(d) of the Bihar State Universities Act, 1976.
5. Learned counsel further submits that pursuant thereto, admission notices were issued by the institution, the Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 3/27 petitioners applied for admission, qualified the admission process and were duly admitted after payment of requisite fees and completion of all formalities. It is contended that after taking admission, the petitioners regularly pursued their studies and attempted to complete their registration through the University portal, however, the same could not be processed allegedly on account of non-grant of approval by the State Government.
It is further submitted that the University subsequently issued notices for filling up examination forms and also published the examination schedule for undergraduate vocational courses including BBA and BCA courses for session 2025-26. As per the schedule, the admission forms were to be submitted by 06.04.2026 and the date for examination was fixed for 15.04.2026. However, despite repeated attempts by the petitioners as well as representations made by the college authorities, the petitioners were not permitted to complete online registration or submit examination forms.
6. Learned counsel for the petitioners further submits that similarly situated students of another institution, namely "CATALIST Institute of Management", were granted indulgence by the University pursuant to orders passed by this Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 4/27 Court in CWJC No. 5308 of 2026 and were allowed opportunity for registration despite absence of State approval. It is contended that denial of similar treatment to the present petitioners is arbitrary and discriminatory. It is further argued that the petitioners had taken admission only after verifying the AICTE recognition and University affiliation of the institution and there is no fault attributable to the students. Learned counsel, therefore, submits that the petitioners have fulfilled all eligibility conditions and procedural requirements and, therefore, cannot be made to suffer on account of inter se administrative issues between the authorities.
7. Learned counsel also places reliance upon the directives issued by the State Government as well as AICTE emphasizing timely grant of affiliation and approval to AICTE recognized institutions in furtherance of the objectives of the National Education Policy. It is submitted that both this Court as well as the Hon'ble Supreme Court have consistently held that students should not be made to suffer due to administrative delay in grant of approval where the institution otherwise possesses requisite recognition from the statutory technical body and affiliation from the University.
8. Per contra, Learned counsel appearing on behalf of Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 5/27 the respondent University submits that the present writ petition has been filed seeking validation of the admissions of the petitioners by permitting their registration and reopening/extending the portal for submission of registration and examination forms beyond the stipulated last date i.e. 06.04.2026, so as to enable the petitioners to appear in the BBA and BCA examinations for the academic session 2025-26. As per the respondent-University, the petitioners lack the bonafide by making such a prayer as they have approached this Court not only after 06.04.2026 but even after 15.04.2026 when the examination was originally scheduled to be held.
9. Learned counsel submits that the petitioners have relied upon the interim order dated 10.04.2026 passed by this Court in CWJC No. 5308 of 2026 for seeking similar indulgence in the present case. It is contended that the petitioners are students of Oxford College of Research and Management, where the last date for submission of registration and examination forms had already expired on 06.04.2026.
It is further submitted that the claim of the petitioners regarding affiliation of the institution is misconceived and misleading. Learned counsel submits that though the institution was inspected by the respondent-Patliputra University and Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 6/27 decision was taken by 19th Affiliation and New Teaching Programme Committee on 26.03.2025 (Annexure P/10) to grant temporary/provisional affiliation and recommendations for grant of affiliation was forwarded to the State Government vide letter dated 24.06.2025 (Annexure P/2), no approval till the date of filing of the writ application had been granted by the State Government as contemplated under Section 21(2)(d) of the Bihar State Universities Act, 1976. In absence of such approval, no valid affiliation existed in favour of the institution as on the date of filing of the writ application, thereby not giving any cause of action to the petitioners to seek the relief when the writ application was filed.
10. Learned counsel for the respondent-University further submits that the University had merely recommended the case of the institution after inspection and approval by the statutory bodies of the University, however, the Education Department communicated that certain deficiencies and corrections were still pending. It is thus submitted that till the filing of the writ application, the State Government had not granted approval in favour of the institution and, consequently, the institution was not having affiliation or college code. Responding to this argument, learned counsel for the petitioners Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 7/27 submitted that during pendency of the present writ application, the respondent-State, in exercise of powers conferred under Section 21(2)(d) of the Bihar State Universities Act, 1976, has been granted conditional approval to the new affiliation of "Oxford College of Research and Management" for conducting professional courses including BBA, BCA, MBA and MCA for the academic session 2025-26 vide Letter No. 683 dated 13.05.2026 (Annexure R/1 to the affidavit filed by Respondent no. 3).
It is thus contended by the respondent-University that unless the institution respondent no. 3 was duly affiliated and having a college code, it was not entitled to admit students in courses leading to degrees awarded by the University. Learned counsel also submits that admissions granted by the institution in absence of final affiliation are therefore contrary to the provisions of the Bihar State Universities Act and the relevant statutes governing affiliation.
11. Learned counsel has further placed reliance upon the judgment passed by this Court in National Institute of Health Education and Research vs. State of Bihar & Ors. in CWJC No. 16553 of 2017, wherein a co-ordinate Bench of this Court, relying upon the judgments of the Hon'ble Supreme Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 8/27 Court in Annamalai University v. Secretary to Government, Information and Tourism Department and Orissa Lift Irrigation Corporation Ltd. v. Rabi Sankar Patro, held that no University shall permit registration of students of unaffiliated colleges and no institution shall admit students without obtaining due affiliation approved by the State Government.
It is further submitted that this Court in the aforesaid judgment had also observed that institutions admitting students without affiliation are playing with the future of students and had imposed exemplary costs upon such institutions.
12. Having heard learned counsel for the parties at length and upon careful consideration of the pleadings and materials available on record, this Court proceeds to decide I.A. No. 1 of 2026 preferred on behalf of the petitioners seeking interim relief for permitting the petitioners along with other similarly situated students of "Oxford College of Research and Management" to provisionally appear in the ensuing BBA and BCA examinations for the academic session 2025-26 being conducted by the respondent-Patliputra University.
At the very outset, learned counsel for the petitioners submits that though the interlocutory application originally contained a further prayer seeking temporary allotment of Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 9/27 college code to the institution till final adjudication of the writ petition, the said prayer is not being pressed and the petitioners are confining their relief only to provisional permission to participate in the ensuing examinations.
13. The principal contention advanced on behalf of the petitioners is that the institution in question had already obtained recognition from AICTE and the University had also recommended the case for grant of approval by the State Government of the decision to grant affiliation taken by the University. It has further been argued that during pendency of the present writ proceeding, the State Government has now granted approval vide Letter No. 683 dated 13.05.2026 (Annexure R/1) for conducting BBA, BCA, MBA and MCA courses for the academic session 2025-26 and, therefore, the students ought not to suffer for delays attributable to the authorities.
14. Per contra, learned counsel appearing on behalf of the respondent University submits that the issue involved in the present matter is not with regard to subsequent approval granted during pendency of the litigation, but with respect to the legal status of the institution at the time when admissions were granted to the students for the concerned academic session. It Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 10/27 has been contended that at the relevant point of time the institution did not possess effective affiliation as contemplated under Section 21(2)(d) of the Bihar State Universities Act, 1976 and consequently, the admissions granted by the institution were itself contrary to the statutory provisions governing affiliation and also in teeth of the judgment delivered by co-ordinate Bench of this Court in the case of National Institute of Health Education and Research (supra) duly approved by the Division Bench in LPA No. 770 of 2018.
15. Upon consideration of the submissions advanced on behalf of the parties, this Court finds that there is no dispute regarding the legal requirement contained under Section 21(2)
(d) of the Bihar State Universities Act, 1976, which specifically provides that affiliation or disaffiliation of a college shall not take effect unless approved by the State Government. Thus, unless approval of the State Government is granted, mere recommendation by the University cannot confer legal status of valid affiliation upon an institution. In this regard, it is considered appropriate to reproduce hereinbelow Section 21(2)
(d) of Bihar State Universities Act, 1976:
"21. Powers and duties of the Senate - (1) xxx (2) In particular and without prejudice to the generality of the foregoing Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 11/27 powers, the Senate shall exercise the following powers and perform the following duties, namely-
(a) xxx
(b) xxx
(c) xxx
(d) of exercising the powers for the purpose of control in Colleges and Tols, and of superintendence which include affiliation and disaffiliation of Colleges:
Provided that affiliation or disaffiliation of Colleges or Tols shall not take effect, unless it is approved by the State Government:
Provided further that no medical college shall be affiliated except without the prior approval of the State Government.
Before granting such an approval, the State Government shall consider the financial viability of the College, the nature and form of the proposed management of the college, the viability of the academic standard and all other conditions which are likely to have adverse effect on the interests of students admitted to such a College;"
(e) xxx
(f) xxx [Emphasis supplied] Further, Article 3(1)(e) of the Statute no. 29 duly approved by the Chancellor vide letter no. BSU-16/86-1089- G.S. (1) dated 19.04.1986 relating to Admission and Affiliation of Colleges clearly stipulates that an institution seeking affiliation is required to declare that no student has been admitted or shall be admitted unless the affiliation prayed for Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 12/27 has been granted by the University. The statutory framework, therefore, expressly prohibits admission of students prior to grant of valid affiliation.
In the present case, admittedly the students were granted admission at a stage when the institution had not received approval of the State Government under Section 21(2)
(d) of the Act. Therefore, prima facie, the institution proceeded to admit students despite the affiliation not having attained legal finality under the statute.
16. This Court also finds considerable force in the submissions advanced on behalf of the respondent University relying upon the judgment rendered by this Court in National Institute of Health Education and Research vs. State of Bihar & Ors. passed in CWJC No. 16553 of 2017. In the said judgment, this Court had occasion to deal with rampant irregularities relating to admissions by unaffiliated institutions and after noticing glaring illegalities, issued specific directions binding upon all Universities governed under the Bihar State Universities Act, 1976. Paragraphs 19, 20, 26 and 30 of the said judgment is quoted herein for ready reference:
"19. This is an undisputed fact that no approval of affiliation was ever granted by the State Government, as contemplated under Section 21(2)(d) of the Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 13/27 Act. The Court fails to understand when the institute did not have the status of an affiliated institution of Magadh University, how the institution allowed admission of students into various courses and how the Magadh University held the examination of the students of the college, which was not even affiliated with the Magadh University?
20. There is no gainsaying that the Statute approved by the Chancellor by letter No. BSU-16/86-1089-G.S(1), dated 19.04.1986 regulates affiliation of colleges with the University other than those managed and maintained by the University. Article 3 of the said Statute prescribes the procedure for making an application for admission by an educational institution as a college to the privileges of the University. Article 3(1)(e) of the Statute specifically mandates an educational institution to declare that 'no student has been, or shall be admitted to the institution, or in the subjects for the admission of which the application is being made, unless the admission prayed for has been granted by the University.' The expression 'admission prayed for' as occurring in Article 3(1) (e) of the Statute refers to admission of an educational institution as a college to the privileges of the University which is nothing but the affiliation which is granted by the University to an educational institution under the provisions of the said Statute. The language of Article 3(1) (e) is unambiguous and clear and it proscribes admission of students in an institution which seeks affiliation with a University and it also makes clear that the students can be admitted only after affiliation/admission is granted by the Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 14/27 University. The expression 'admission of an institution' occurring in the Statute has the same connotation which the expression 'affiliation of an educational institution with a University has. Article 4 of the Statute authorizes the Syndicate that, on receipt of an application for admission by an educational institution a local inquiry is to be made as regards the matter specified in Article 3 of the Statute, if the Syndicate is satisfied on the basis of materials supplied in the application or otherwise that the college proposed to be established has nearly fulfilled, or is likely to fulfill all the conditions required by the law of the University and is likely to be run efficiently. The Syndicate, if not satisfied, may reject the application for admission/affiliation recording the reasons thereof. Sub-Article (2) of Article 4 prescribes that on completion of the inquiry as contemplated under sub-
Article (1) of Article 4, the Syndicate shall forward a copy of its resolution to the Academic Council for suggestions, concerning the academic aspects. The Academic Council of the University, in turn, under the scheme of the Statute, is required to make a recommendation to the Senate of the University as to whether the application should be allowed with, or without, modifications on a permanent basis, or provisionally for a limited period or should be rejected. Sub Article 5 confers upon the Senate the jurisdiction either to allow the application, with or without modification, either on permanent basis or provisionally for a limited period. The Senate may reject the application for admission recording ground for such rejection. The decision of Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 15/27 the Senate is to be communicated to the institution concerned specifying the courses of instruction in which the institution is admitted and the standard upto which the admission is granted. Under Article 6 (1) of the Statute, the institution is thereafter required to duly report to the Syndicate regarding the fulfillment of various conditions imposed. Sub Article 2 of Article 6 of the Statute mandates the institution not to allow admission of students for the course unless the Syndicate is satisfied that the conditions necessary for starting classes has been fulfilled. (emphasis added)
26. I may take note of the Supreme Court's decision in the case of Annamalai University vs. Secretary to Govt., Information and Tourism Department & Ors., reported in (2009) 4 SCC 590 wherein the Supreme Court has clearly laid down that no relaxation can be granted in regard to basic things necessary for conferment of a degree and if mandatory provisions are not complied with by an administrative authority, the action would be void. Such void action cannot be validated by inaction, the Supreme Court held. Following the law laid down by the Supreme Court in the case of Annamalai University (supra), I have no hesitation in reaching the conclusion that the action of the University in allowing the students of the institute, which did not have the status of an affiliated college, was illegal and opposed to law. It is evident from the materials on records, which is an admitted fact, that the University allowed the students of the unaffiliated institute, who claim to have pursued their course with the subjects in respect of which the University did not Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 16/27 have either expertise or wherewithal to assess the quality of teaching in the subjects to appear in the examination. The University authorities, thus, acted in flagrant violation of law while allowing the students to appear in the examination. Entire exercise of permitting the students of the college to appear for the examination is wholly illegal, void and, in my opinion, apparent fraudulent.
" 30. The glaring facts which have been noticed in the present case, compel the Court to issue certain directions to all the Universities in the State of Bihar, governed by the provisions of the Bihar State Universities Act, 1976, as under:-
(i). No University shall allow any student of an unaffiliated college to get registered with the University in any circumstance.
(ii). No college/institution will give admission to the students to any course leading to degrees, which can be awarded by one of the Universities, governed by the Act, unless such institution has been granted affiliation by the University duly approved by the State Government and permission for admission of the students has been granted as contemplated under Article 6(2) of the Statute dated 19.04.1986 (supra).
(iii). Unless there is declaration in an application seeking affiliation As contemplated under Article 3 (1)(e) of the Statute dated 19.04.1986 (supra). no application of any college/institution shall be entertained by such Universities. Under Article 3(1)(e), there is stipulation that an institution seeking affiliation shall have to declare that no student has been admitted. or Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 17/27 shall be admitted to the institution, unless the affiliation prayed for, has been granted by the University. An application for grant of affiliation shall be liable to be rejected if it is noticed by the competent authority that the College in question has allowed admission of students.
(iv). The Chancellor of the Universities of Bihar and the Universities under the Act, shall take all possible steps, by way of notice otherwise unscrupulous illegal institutions do not or to ensure that dupe the students by offering them admission, even without affiliation granted to such institution, strictly in accordance with the provisions under the Act."
[Emphasis supplied] From a bare perusal of this judgment it becomes crystal clear that no University shall allow any student of an unaffiliated college to get registered with the University under any circumstance. The Court further directed that no institution shall grant admission to students in any course leading to conferment of degrees by Universities governed under the Act unless such institution has been granted affiliation duly approved by the State Government and permission for admission has been granted in accordance with the statutory provisions. The said judgment further emphasized the mandatory requirement under Article 3(1)(e) of the Statute no. 29 dated 19.04.1986 requiring institutions seeking affiliation to Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 18/27 declare that no student has been admitted or shall be admitted prior to grant of affiliation and that applications for affiliation shall itself be liable for rejection if it is found that admissions have already been undertaken. The Court also directed the Chancellor and Universities of Bihar to ensure that illegal and unaffiliated institutions do not dupe innocent students by offering admissions contrary to law.
17. This Court further notices that the aforesaid directions issued in CWJC No. 16553 of 2017 have subsequently received affirmation by the Division Bench in LPA No. 770 of 2018 arising therefrom. The Division Bench, while affirming the judgment, observed that the learned Single Judge was fully justified in issuing such directions after noticing glaring illegalities in conducting courses and imparting education without valid affiliation approved by the State Government. The Division Bench categorically recorded its approval to the directions issued by the learned Single Judge. Paragraph 34 of the said Division Bench judgment is reproduced hereinbelow for ready reference:
"34. Having carefully gone through the decision of the learned Single Judge, this Court also finds that it was appropriate that having found the glaring facts of illegality in conducting courses and imparting education without any valid Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 19/27 affiliation by the University and recognition by the State, appropriate directions were issued to be followed by all the Universities in the State of Bihar, governed by the provisions of the Bihar State Universities Act, 1976, which too do not require any interference. We put our stamp of approval to the directions so issued."
[Emphasis supplied] In view of the aforesaid authoritative pronouncements, this Court is unable to ignore the statutory violations alleged against the institution in the present case merely on the ground that approval has subsequently been granted during pendency of the litigation. The subsequent approval granted on 13.05.2026 cannot automatically validate admissions which were undertaken at a stage when the institution, admittedly, lacked effective affiliation approved by the State Government.
18. This Court is also not persuaded by the submission of the petitioners seeking parity with the order passed in the case of Nidhi Kumari vs The Patliputra University CWJC No. 5308 of 2026. A careful examination of the said order demonstrates that the factual background therein stood entirely on a different footing. In the said case, majority of the students had already been allotted confidential/registration particulars and only certain students had allegedly been left out Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 20/27 on account of technical or procedural issues. Further, in the said case, there was never any controversy/dispute regarding the affiliation of the college. It was in such peculiar circumstances that interim protection came to be granted by the Court vide order dated 10.04.2026.
In contradistinction, in the present matter, none of the students could be registered since the institution itself did not possess effective affiliation approved by the State Government at the relevant point of time. Thus, the foundational facts in both cases are materially different and the petitioners cannot seek automatic extension of benefits granted in another litigation merely on the basis of superficial similarity.
19. Further, this Court also notices that paragraph 14 of the interim order passed in CWJC No. 5308 of 2026 itself clearly restricted the interim protection only to those 67 petitioners/aggrieved students who had approached the Court within reasonable time, i.e., prior to the originally scheduled date of examination i.e., 15.04.2026 and whose details had been brought on record before the Court. Therefore, even the interim order passed in CWJC No. 5308 of 2026, relied upon by the petitioners recognized the importance of approaching the Court diligently and within reasonable time.
Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 21/27 In the present case, however, the petitioners approached this Court not only after 15.04.2026 which was the originally scheduled date for examination but also after the interim order had already been passed in CWJC No. 5308 of 2026 and after deferment of the examination schedule. Prima facie, therefore, the petitioners appear to be seeking benefit arising out of earlier litigation without having approached the Court at the relevant stage when the original examination schedule was operative. This Court finds substance in the fact that the petitioners cannot be permitted to act as fence sitters and thereafter seek parity after noticing favourable interim order passed in another matter arising out of different factual circumstances.
20. This Court further finds that the present petitioners are not merely fence sitters; rather, their conduct, prima facie,appear to be of non-serious candidates who chose to approach this Court only after noticing the interim indulgence granted in CWJC No. 5308 of 2026.. The chronology of events unmistakably demonstrates that the petitioners remained dormant and chose not to invoke the jurisdiction of this Court when the original examination schedule dated 15.04.2026 was operative. It was only after this Court, in a separate proceeding, Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 22/27 granted interim indulgence and the examination schedule came to be deferred, that the present petitioners suddenly awoke from their slumber and approached this Court seeking identical relief. Had the earlier deferment not intervened, this Court has every reason to believe that the present litigation itself would never have seen the light of the day.
This Court is not unmindful of the principle that the academic future of students deserves protection. However, equity aids the vigilant and not those who sleep over their rights. The extraordinary writ jurisdiction of this Court cannot be converted into a refuge for indolent and non-serious litigants who remain passive spectators at the crucial stage and enter the arena only after watching others secure favourable orders. Judicial sympathy cannot be stretched to such an extent that it rewards inaction and lethargy at the expense of discipline, diligence and timely pursuit of remedies.
The Court must also remain alive to the larger academic consequences of such indulgence. The interest of a handful of non-serious candidates, who failed to approach the Court within reasonable time, cannot outweigh the interest of thousands of sincere and diligent students who are fully prepared to undertake their examinations in accordance with the Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 23/27 academic calendar notified by the University. If every such litigant is permitted to approach the Court belatedly after taking advantage of deferments obtained in separate proceedings, the examination process of the University would be pushed into endless uncertainty and chaos.
The academic calendar of a University cannot be held hostage at the instance of candidates who displayed no urgency when urgency was actually required. Courts exist to protect genuine and vigilant litigants, not to encourage those who seek to ride upon the shoulders of others after the battle has already been fought. Any further deferment of the examinations at this stage would seriously prejudice the rights and legitimate expectations of innumerable students who have acted diligently and remained prepared to undertake the examinations as scheduled.
21. This Court also cannot lose sight of the larger academic interest involved in the matter. Learned counsel appearing on behalf of the college during his oral argument has submitted that the University has perhaps already notified the fresh schedule in light of the interim order passed in CWJC No. 5308 of 2026 for commencement of examinations in the first week of June, 2026. Thus, repeated postponement of Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 24/27 examination at the instance of belated and non-serious litigants would seriously prejudice thousands of students and increase their agony, who are otherwise prepared to undertake their examinations. This would also adversely affect maintenance of the academic calendar.
22. So far as the reliance placed by the petitioners upon the judgment rendered in Sai Dev Charitable Trust vs. State of Bihar passed in CWJC No. 636 of 2016 is concerned, this Court finds that the same does not advance the case of the petitioners in the facts of the present matter. The observations made therein were rendered in the peculiar facts and circumstances of that particular case while considering the interpretation of Section 4(19) of the Bihar State Universities Act, 1976.More importantly, this Court notices that while dealing with the said judgment, it was specifically clarified by the Division Bench in LPA No. 1490 of 2016 that the interpretation accorded to Section 4(19) of the Act in CWJC No. 636 of 2016 was made to be confined to the facts of that case alone was not to be treated as a precedent of general application. It was further clarified that in all other cases, the law laid down by the Hon'ble Supreme Court in Maa Vaishno Devi Mahila Mahavidyalaya v. State of Uttar Pradesh was to Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 25/27 govern the field. In this regard, it is considered appropriate to reproduce hereinbelow the relevant para of judgment dated 15.11.2017 passed in LPA No. 1490 of 2016:
"Having heard learned counsel for the parties and keeping in view the law laid down by Hon'ble Supreme Court in the case of Maa Vaishno Devi Mahila Mahavidayalaya v. State of Uttar Pradesh and others, (2013) 2 SCC 617, we see no reason to make any indulgence into the matter. However, we clarify that interpretation given to Section 4(19) of the Bihar State Universities Act, 1976 as is indicted in the order passed in Civil Writ Jurisdiction Case No.636 of 2016, for the present shall be construed to apply only to the said case and with regard to all other cases, the law laid down by Hon'ble Supreme Court in the case of Maa Vaishno Devi Mahila Mahavidayalaya (supra) shall have application.
With the aforesaid clarification, the appeal of the State Government shall stand disposed of."
[Emphasis supplied] Thus, the benefit of the interpretation rendered in Sai Dev Charitable Trust cannot be extended mechanically to the present case, particularly when the statutory scheme under Section 21(2)(d) of the Bihar State Universities Act, 1976 and Article 3(1)(e) of the relevant Statute expressly prohibited admission of students prior to grant of effective affiliation duly Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 26/27 approved by the State Government. The petitioners, therefore, cannot derive any substantive advantage from the aforesaid judgment
23. At this stage, this Court is required to examine whether the petitioners have been able to establish a prima facie case, balance of convenience and likelihood of irreparable injury warranting grant of interim protection. In the considered opinion of this Court, for the reasons as elaborately discussed hereinabove, the petitioners have failed to establish a prima facie entitlement for grant of interim relief in view of the statutory embargo operating at the relevant point of time; the binding directions contained in CWJC No. 16553 of 2017 duly affirmed in LPA No. 770 of 2018; the distinguishable factual background from CWJC No. 5308 of 2026; and the delay in approaching this Court. Also given the fact that these petitioners did not diligently approached this Court prior to the originally scheduled date of examination i.e. 15.04.2026 and are now merely wanting to take advantage of the deferment of the original scheduled examination date, does not entitle them to any interim relief based on the principle of equity.
24. Accordingly, this Court is not inclined to grant the interim relief prayed for in I.A. No. 1 of 2026. I.A. No. 1 of Patna High Court CWJC No.6134 of 2026(8) dt.15-05-2026 27/27 2026 is, accordingly, rejected.
Re: CWJC No. 6134 of 2026.
25. Put up this case on 23.07.2026 under appropriate heading for completion of pleadings.
(Alok Kumar Sinha, J) kiran/-
U