Patna High Court - Orders
Dr. Ram Pramod Thakur & Anr vs The State Of Bihar & Ors on 27 March, 2018
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4660 of 2017
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Dr. Ram Pramod Thakur & Anr
... ... Petitioner/s
Versus
The State Of Bihar & Ors
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 5336 of 2017
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Dr. Shakuntala Pandey & Anr
... ... Petitioner/s
Versus
The State Of Bihar & Ors
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Abhinav Srivastava
For the State : Ms. Shilpa Singh, GA 12
Mr. Ranjan Kumar, AC to GA 12
For the Chancellor : Mr. R. K. Giri
For the University : Mr. Rakesh Kumar Singh
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
8 27-03-2018Section 21 (2) (d) of the Bihar State Universities Act, 1976, confers upon the Senate of the Universities, governed by the Act, power for the purpose of control in colleges and of superintendence, which include affiliation and disaffiliation of colleges. The Statute relating to admission and exclusion of colleges other than those managed and maintained by the University has been framed, as approved by the Chancellor, vide letter, dated 19.04.1986. Article 2 of the said Statute prescribes Patna High Court CWJC No.4660 of 2017(8) dt.27-03-2018 2/4 the manner of making an application for admission/affiliation of a college to the privileges of a University. It provides, inter alia, that an application for admission of an educational institution, as a college, shall be submitted not later than 15th September of the year preceding the academic sessions from which such admission is sought, in the case of an education institution seeking admission for the first time or for extension or for continuation of admission of an admitted college.
The application has to be thereafter processed before the Syndicate and Senate of the University and thereafter for approval of the State Government, under Section 21 (2) (d) of the Bihar State Universities Act, 1976.
The Court has experienced on various occasions, which situation is there in the present case also, that the applications for affiliation remain pending at one stage or the other without any valid reason. There is no binding deadline given under the Statute or any instruction issued by the competent authority for disposal of the application or grant of affiliation at various stages.
In response to the observations made by this Court, on the previous occasion, a counter affidavit has been filed on behalf of the State of Bihar. Along with the said counter affidavit, a letter, Patna High Court CWJC No.4660 of 2017(8) dt.27-03-2018 3/4 dated 08.03.2018, has been brought on record, issued by the Education Department, Government of Bihar, addressed to the Registrars of the Universities in the State of Bihar, indicating that the State Government shall take decision on the question of grant or refusal of approval of affiliation within one month from the date of receipt of recommendation of the Senate of the University. It has further been mentioned in the said communication that in the event of any defect or deficiency discovered, notice in this regard, to the University, shall be issued for resolution within two months from the date of receipt of the recommendation. It has also been mentioned that once the Department receives proposal after removal of the defect/deficiency or otherwise, the State Government shall take a final decision on the question of approval of affiliation within one month thereafter.
The Court places on record its appreciation for a definite decision having been taken by the State of Bihar, as contained in the said letter, dated 08.03.2018, for expediting the cases for approval of affiliation within a time frame.
Learned Counsel appearing on behalf of the Chancellor has sought for a short adjournment, since, according to him, the Office of the Chancellor is also monitoring this aspect of the Patna High Court CWJC No.4660 of 2017(8) dt.27-03-2018 4/4 matter for the purpose of finalizing a calendar so that final decision in the matters of affiliation are taken at various levels within specific time frame.
As requested by him, list this case, under the same heading, on 12th April, 2018.
(Chakradhari Sharan Singh, J) Prabhakar Anand/-
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