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[Cites 2, Cited by 1]

Patna High Court

Mahesh Prasad Singh Snatak ... vs The State Of Bihar & Ors on 1 November, 2018

Bench: Chief Justice, Ashutosh Kumar

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Letters Patent Appeal No.1288 of 2018
                                          In
                   Civil Writ Jurisdiction Case No.13083 of 2018
    ======================================================
1. Arpana Kumari,           D/o Vinod Prasad, Resident of Village-
    Shahbazpur, Fatehpur, Nepa, P.S. Tekhari, District-Gaya.
2. Nitu Kumari, D/o Umesh Rajak, Resident of Village-Siyadih
    Mathia, P.O. Siyadih, P.S. Konch, District-Gaya
3. Tarnnum Parbn, D/o Md. Suleman Ansari, Village-Rupaspur, P.O.
    Salempur, P.S. Alipur, District-gaya.
4. Vandana Kumari, D/o Sri Ram Lagan Yadav, Resident of
    Mohalla-Titaiganj Tekari, P.O. Ketari, P.S. Tekari, District-Gaya.
5. Mandvi Kumari, D/o Sri Nand Lal Vaidya, Resident of Village-
    Badauli, P.O. Poora, P.S. Tekari, District-Gaya.
                                                               ... ... Appellant/s
                                       Versus
1. The State of Bihar
2. The Principal Secretary, Education Department, Government of Bihar, Patna.
3. The Joint Secretary, Education Department, Govt. of Bihar, Patna.
4. The Additional Secretary, Education Department, Govt. of Bihar, Patna.
5. The Special Secretary, Education Department, Govt. of Bihar, Patna.
6. The Deputy Secretary, Education Department, Govt. of Bihar, Patna.
7. The Director, Higher Education, Govt. of Bihar, Patna.
8. The Magadh University through its Registrar, Bodh Gaya, Gaya.
9. The Vice-Chancellor, Magadh University, Bodh Gaya, Gaya.
10. The Registrar, Magadh University, Bodh Gaya, Gaya.
11. The Examination Controller, Magadh University, Bodh Gaya, Gaya.
12. The Inspector of the Colleges (Arts and Commerce), Magadh University,
    Bodh Gaya, Gaya.
13. The Inspector of the Colleges (Science), Magadh University, Bodh Gaya,
    Gaya.
                                                            ... ... Respondent/s
    ======================================================
                                         with
                       Letters Patent Appeal No. 931 of 2018
                                          In
                   Civil Writ Jurisdiction Case No.12048 of 2018
    ======================================================
    Halivant Tiwary Womens Degree College, Hardiya, Narkatiyaganj, West
    Champaran through its Secretary Radheshyam Tiwari, aged about 52 years,
    Son of Halivant Tiwari, Resident of Parishad Nagar, P.S.- Narkatiyaganj,
    District- West Champaran.
                                                               ... ... Appellant/s
                                       Versus
1. The State of Bihar through the Principal Secretary, Human Resources
    Development Department, Govt. of Bihar, New Secretariat, Patna.
2. The Principal Secretary, Human Resources Development Department, Govt.
    of Bihar, New Secretariat, Patna.
3. Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its
    Registrar.
 Patna High Court LPA No.1288 of 2018 dt.01-11-2018
                                            2/25




   4. The Vice-Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,
      Muzaffarpur.
   5. The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.
   6. The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University,
      Muzaffarpur.
                                                                   ... ... Respondent/s
      ======================================================
                                            with
                         Letters Patent Appeal No. 932 of 2018
                                             In
                     Civil Writ Jurisdiction Case No.12186 of 2018
      ======================================================
      Bishwanath Roy Degree College, Nirpur, Patepur, Vaishali through its
      Secretary Vishwanath Prasad Ray, aged about 75 years, Son of Judagi Ray,
      Resident of Village- Nirpur, P.S.- Patepur, District- Vaishali.
                                                                      ... ... Appellant/s
                                           Versus
   1. The State of Bihar through the Principal Secretary, Human Resources
      Development Department, Govt. of Bihar, New Secretariat, Patna.
   2. The Principal Secretary, Human Resources Development Department, Govt.
      of Bihar, New Secretariat, Patna.
   3. Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its
      Registrar.
   4. The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,
      Muzaffarpur.
   5. The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.
   6. The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University,
      Muzaffarpur.
                                                                   ... ... Respondent/s
      ======================================================
                                            with
                         Letters Patent Appeal No. 928 of 2018
                                             In
                     Civil Writ Jurisdiction Case No.12127 of 2018
      ======================================================
      Meena Baskit Rai Degree College, Yadav Nagar, Basara, Rajapakar, Vaishali
      through its Secretary Vaskit Rai @ Baskit Rai, aged about 53 years, Son of
      Jaykaran Rai, resident of Village- Bhathadasi, P.S.- Rajapakar, District-
      Vaishali.
                                                                      ... ... Appellant/s
                                           Versus
   1. The State of Bihar through the Principal Secretary, Human Resources
      Development Department, Govt. of Bihar, New Secretariat, Patna.
   2. The Principal Secretary, Human Resources Development Department, Govt.
      of Bihar, New Secretariat, Patna.
   3. Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its
      Registrar.
   4. The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,
      Muzaffarpur.
   5. The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.
   6. The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University,
      Muzaffarpur.
 Patna High Court LPA No.1288 of 2018 dt.01-11-2018
                                            3/25




                                                                ... ... Respondent/s
        ======================================================
                                             with
                           Letters Patent Appeal No. 929 of 2018
                                              In
                       Civil Writ Jurisdiction Case No.12185 of 2018
        ======================================================
        Rameshwar Mahavir Evening Degree College, Harsiddhi, East Champaran
        through its Secretary Krishnarjun, aged about 53 years, Son of Awadhesh
        Prasad Kushwaha, Resident of Village- Harsiddhi, P.S.- Harsiddhi, District-
        East Champaran.
                                                                   ... ... Appellant/s
                                           Versus
   1.   The State of Bihar through the Principal Secretary, Human Resources
        Development Department, Govt. of Bihar, New Secretariat, Patna.
   2.   The Principal Secretary, Human Resources Development Department, Govt.
        of Bihar, New Secretariat, Patna.
   3.   Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its
        Registrar.
   4.   The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
   5.   The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.
   6.   The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
                                                                ... ... Respondent/s
        ======================================================
                                             with
                           Letters Patent Appeal No. 933 of 2018
                                              In
                       Civil Writ Jurisdiction Case No.12515 of 2018
        ======================================================
        Raghunath Jha Degree College, Sitamarhi through its Secretary Ajit Kumar
        Jha aged about 56 years, Son of Raghunath Jha, Resident of Amba Ojha Tola,
        Amwa Kalan, Amua, P.S. - Piprahi, District - Sitamarhi.
                                                                   ... ... Appellant/s
                                           Versus
   1.   The State of Bihar through the Principal Secretary, Human Resources
        Development Department, Govt. of Bihar, New Secretariat, Patna.
   2.   The Principal Secretary, Human Resources Development Department, Govt.
        of Bihar, New Secretariat, Patna.
   3.   Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its
        Registrar.
   4.   The Vice-Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
   5.   The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.
   6.   The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
                                                                ... ... Respondent/s
        ======================================================
                                             with
 Patna High Court LPA No.1288 of 2018 dt.01-11-2018
                                            4/25




                           Letters Patent Appeal No. 934 of 2018
                                              In
                       Civil Writ Jurisdiction Case No.12526 of 2018
        ======================================================
        Dr. K.K.P. Roy Y.K. Jha College, Hasanpur, Mahnar (Vaishali) through its
        Secretary Jugal Kishore Jha aged about 78 years, Son of Siddha Nath Jha,
        Resident of Village- Hasapur Junaid, P.S.- Mahnar, District- Vaishali.
                                                                      ... ... Appellant/s
                                           Versus
   1.   The State of Bihar through the Principal Secretary, Human Resources
        Development Department, Govt. of Bihar, New Secretariat, Patna.
   2.   The Principal Secretary, Human Resources Development Department, Govt.
        of Bihar, New Secretariat, Patna.
   3.   Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its
        Registrar.
   4.   The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
   5.   The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.
   6.   The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
                                                                   ... ... Respondent/s
        ======================================================
                                             with
                           Letters Patent Appeal No. 935 of 2018
                                              In
                       Civil Writ Jurisdiction Case No.12112 of 2018
        ======================================================
        Nirmala Devi Ajay Maskara Womens Degree Evening College, Raxaul (East
        Champaran) through its Secretary Ajay Kumar Maskara, aged about 58 years,
        Son of Basudeo Prasad Maskara, Resident of 109, Post Office Road, Raxaul,
        East Champaran.
                                                                      ... ... Appellant/s
                                           Versus
   1.   The State of Bihar through the Principal Secretary, Human Resources
        Development Department, Govt. of Bihar, New Secretariat, Patna.
   2.   The Principal Secretary, Human Resources Development Department, Govt.
        of Bihar, New Secretariat, Patna.
   3.   Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its
        Registrar.
   4.   The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
   5.   The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.
   6.   The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
                                                                   ... ... Respondent/s
        ======================================================
                                             with
                           Letters Patent Appeal No. 930 of 2018
                                              In
                       Civil Writ Jurisdiction Case No.12579 of 2018
        ======================================================
 Patna High Court LPA No.1288 of 2018 dt.01-11-2018
                                            5/25




        Dhanraj Bhagat Degree College, Mustafaganj, Meenapur, Muzaffarpur
        through its Secretary Ganesh Prasad, aged about 74 years, Son of Nirsan
        Prasad, Resident of Village- Mustafaganj, P.S.- Meenapur, District-
        Muzaffarpur.
                                                                    ... ... Appellant/s
                                             Versus
   1.   The State of Bihar through the Principal Secretary, Human Resources
        Development Department, Govt. of Bihar, New Secretariat, Patna.
   2.   The Principal Secretary, Human Resources Development Department, Govt.
        of Bihar, New Secretariat, Patna.
   3.   Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its
        Registrar.
   4.   The Vice-Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
   5.   The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.
   6.   The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
                                                                 ... ... Respondent/s
        ======================================================
                                              with
                             Letters Patent Appeal No. 958 of 2018
                                               In
                        Civil Writ Jurisdiction Case No.13167 of 2018
        ======================================================
        Ramvilas Singh Ramdayal Ray College, Saraypur Raghopur, Vaishali through
        its Secretary Sanjay Kumar, aged about 64 years, Son of Ram Dayal Ray,
        Resident of Village- Makkanpur, Jandaha, P.S.- Mahnar, District- Vaishali.
                                                                    ... ... Appellant/s
                                             Versus
   1.   The State of Bihar through the Principal Secretary, Human Resources
        Development Department, Govt. of Bihar, New Secretariat, Patna.
   2.   The Principal Secretary, Human Resources Development Department, Govt.
        of Bihar, New Secretariat, Patna.
   3.   Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its
        Registrar.
   4.   The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
   5.   The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.
   6.   The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
                                                                 ... ... Respondent/s
        ======================================================
                                              with
                             Letters Patent Appeal No. 960 of 2018
                                               In
                        Civil Writ Jurisdiction Case No.12300 of 2018
        ======================================================
        Nitesh Kumar Smarak College, Andhrawar Chowk, Paharpur Toi, Sahdev
        Bujurg (Vaishali) through its Secretary Dr. Rajeshwar Patel, aged about 64
        years, Son of late Ram Lakhan Singh, Resident of Village- Ghazipur Garahi,
        P.S.- Vaishali, District- Vaishali.
                                                                    ... ... Appellant/s
 Patna High Court LPA No.1288 of 2018 dt.01-11-2018
                                            6/25




                                           Versus
   1.   The State of Bihar through the Principal Secretary, Human Resources
        Development Department, Govt. of Bihar, New Secretariat, Patna.
   2.   The Principal Secretary, Human Resources Development Department, Govt.
        of Bihar, New Secretariat, Patna.
   3.   Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its
        Registrar.
   4.   The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
   5.   The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.
   6.   The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
                                                                   ... ... Respondent/s
        ======================================================
                                             with
                           Letters Patent Appeal No. 961 of 2018
                                              In
                       Civil Writ Jurisdiction Case No.12840 of 2018
        ======================================================
        Ram Lagan Rai Degree College, Rajapakar, Vaishali through its Secretary
        Ram Lagan Rai @ Ram Lagan Ray, aged about 61 years, Son of Ramchandra
        Ray, Resident of Village- Rajapakar, P.S.- Rajapakar, District- Vaishali.
                                                                      ... ... Appellant/s
                                           Versus
   1.   The State of Bihar through the Principal Secretary, Human Resources
        Development Department, Govt. of Bihar, New Secretariat, Patna.
   2.   The Principal Secretary, Human Resources Development Department, Govt.
        of Bihar, New Secretariat, Patna.
   3.   Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its
        Registrar.
   4.   The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
   5.   The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.
   6.   The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
                                                                   ... ... Respondent/s
        ======================================================
                                             with
                          Letters Patent Appeal No. 1004 of 2018
                                              In
                       Civil Writ Jurisdiction Case No.13811 of 2018
        ======================================================
        Santosh Kumar Pathak, aged about 39 years, S/o Late Rudra Deo Pathak
        Principal of Akshlal Singh Asharfi Devi Degree College, Hansi Kewal,
        Bhagwanpur, P.S. Bhagwan, District - Vaishali at Hajipur.
                                                                      ... ... Appellant/s
                                           Versus
   1.   Babasaheb Bhimrao Ambedkar Bihar Vidyalaya, Muzaffarpur through its
        Registrar.
   2.   The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar Vidyalaya,
        Muzaffarpur.
                                                                   ... ... Respondent/s
 Patna High Court LPA No.1288 of 2018 dt.01-11-2018
                                            7/25




        ======================================================
                                              with
                           Letters Patent Appeal No. 1022 of 2018
                                               In
                       Civil Writ Jurisdiction Case No.13766 of 2018
        ======================================================
        Biyoglal Chaudhary Degree College, Jandaha, Vaishali through its Secretary
        Ram Babu Chaudhary, aged about 60 years, son of Biyoglal Chaudhary,
        Resident of Village- Jandaha, P.S. Jandaha, District Vaishali.
                                                                      ... ... Appellant/s
                                             Versus
   1.   The State of Bihar through the Principal Secretary, Human Resources
        Development Department, Govt. of Bihar, New Secretariat, Patna.
   2.   The Principal Secretary, Human Resources Development Department, Govt.
        of Bihar, New Secretariat, Patna.
   3.   Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its
        Registrar.
   4.   The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
   5.   The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.
   6.   The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
                                                                   ... ... Respondent/s
        ======================================================
                                              with
                           Letters Patent Appeal No. 1019 of 2018
                                               In
                       Civil Writ Jurisdiction Case No.10986 of 2017
        ======================================================
        Motihari Degree Evening College. Motihari (East Chamaparan) through its
        Secretary Harishchandra Singh, aged about 54 years, son of late Yamuna
        Singh, resident of Village- Sarean,P.S.- Govindganj, District East Champaran.
                                                                      ... ... Appellant/s
                                             Versus
   1.   The State of Bihar through the Principal Secretary, Human Resources
        Development Department, Govt. of Bihar, New Secretariat, Patna.
   2.   The Principal Secretary, Human Resources Development Department, Govt.
        of Bihar, New Secretariat, Patna.
   3.   Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its
        Registrar.
   4.   The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
   5.   The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.
   6.   The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
                                                                   ... ... Respondent/s
        ======================================================
                                              with
                           Letters Patent Appeal No. 1020 of 2018
                                               In
                       Civil Writ Jurisdiction Case No.13929 of 2018
        ======================================================
 Patna High Court LPA No.1288 of 2018 dt.01-11-2018
                                            8/25




        Baba Bhagwat Rai Degree College, Telhua, Nautan, West Champaran through
        its Secretary Vibhuti Narayan Rai, aged about 52 years, son of late Rajdeo
        Rai, resident of Village- Telhua, P.S. Nautan, District- West Chamaparan.
                                                                       ... ... Appellant/s
                                             Versus
   1.   The State of Bihar through the Principal Secretary, Human Resources
        Development Department, Govt. of Bihar, New Secretariat, Patna.
   2.   The Principal Secretary, Human Resources Development Department, Govt.
        of Bihar, New Secretariat, Patna.
   3.   Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its
        Registrar.
   4.   The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
   5.   The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.
   6.   The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
                                                                    ... ... Respondent/s
        ======================================================
                                               with
                           Letters Patent Appeal No. 1021 of 2018
                                                In
                       Civil Writ Jurisdiction Case No.13625 of 2018
        ======================================================
        S. K. Yadav Degree College, Tejpur, Patkhauliya, Kesariya (East Champaran)
        through its Secretary Bipul Kumar Ray @ Vipul Kumar Ray, aged about 48
        years, son of Brahmdev Narayan Ray, resident of Village- Tajpur,
        Patkhauliya, P.S.- Kesariya (East Champaran).
                                                                       ... ... Appellant/s
                                             Versus
   1.   The State of Bihar through the Principal Secretary, Human Resources
        Development Department, Govt. of Bihar, New Secretariat, Patna.
   2.   The Principal Secretary, Human Resources Development Department, Govt.
        of Bihar, New Secretariat, Patna.
   3.   Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its
        Registrar.
   4.   The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
   5.   The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.
   6.   The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
                                                                    ... ... Respondent/s
        ======================================================
                                               with
                           Letters Patent Appeal No. 1023 of 2018
                                                In
                       Civil Writ Jurisdiction Case No.13594 of 2018
        ======================================================
        Mahesh Prasad Singh Snatak Mahavidyalay, Raghunathpur, Jagdishpur, Bela
        Muzaffarpur through its Prof. In-Charge Vikas Kumar, aged about 51 years,
        son of Hira Lal Prasad, Nai Bazar, Ward No. 44, P.S. Muzaffarpur, District
        Muzaffarpur.
                                                                       ... ... Appellant/s
 Patna High Court LPA No.1288 of 2018 dt.01-11-2018
                                            9/25




                                           Versus
   1.   The State of Bihar through the Principal Secretary, Human Resources
        Development Department, Govt. of Bihar, New Secretariat, Patna.
   2.   The Principal Secretary, Human Resources Development Department, Govt.
        of Bihar, New Secretariat, Patna.
   3.   Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its
        Registrar.
   4.   The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
   5.   The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.
   6.   The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar University,
        Muzaffarpur.
                                                                ... ... Respondent/s
        ======================================================
                                             with
                          Letters Patent Appeal No. 1112 of 2018
                                              In
                       Civil Writ Jurisdiction Case No.2342 of 2018
        ======================================================
        Prof. Shailendra Kumar Sinha Son of Late Parmanand Sinha, Resident of
        Mohalla- Ashok Nagar, Police Station- Kankarbagh, District and Town Patna,
        at present working as Professor-in-Charge, Firoz Gandhi College,
        Karbigahiya, Patna- 800001.
                                                                   ... ... Appellant/s
                                           Versus
   1.   The State of Bihar through the Principal Secretary, Human Resources
        Development Department, Government of Bihar, Vikash Bhawan, Patna.
   2.   The Principal Secretary, Human Resources Development Department,
        Government of Bihar, Vikash Bhawan, Patna.
   3.   The Joint Secretary (Higher Education), Human Resources Development
        Department, Government of Bihar, Vikash Bhawan, Patna.
   4.   The Additional Secretary (Higher Education), Human Resources
        Development Department, Government of Bihar, Vikash Bhawan, Patna.
   5.   The Director, Higher Education, Bihar, Patna.
   6.   The Magadh University, Bodh Gaya through its Registrar.
   7.   The Registrar, Magadh University, Bodh Gaya.
   8.   The Inspector of Colleges (Arts and Commerce/Science), Magadh University,
        Bodh Gaya.
                                                                ... ... Respondent/s
        ======================================================
                                             with
                          Letters Patent Appeal No. 1334 of 2018
                                              In
                       Civil Writ Jurisdiction Case No.14065 of 2018
        ======================================================
   1.   Sumati Kumari, D/o Mahipal Singh,                Resident of Village-
        Pachmahala Bind Toli, P.O.- Raily, P.S. N.T.P.C. Barh, District-
        Patna.
   2.   Juli Kumari, D/o Mishri Paswan, Resident of Village- Jadopur,
        P.O.- Gawasha Shekhpura, P.S.- Pandarak, District- Patna.
   3.   Laxmi Kumari, D/o Parshuram Singh, Resident of Village +
        P.O.- Rana Bigha, P.S.- Barh, District- Patna.
 Patna High Court LPA No.1288 of 2018 dt.01-11-2018
                                           10/25




   4. Sony Kumari,           D/o Mahesh Singh,            Resident of Village-
      Laxmipur, P.O.- Raily, P.S. N.T.P.C. Barh, District- Patna.
                                                                  ... ... Appellant/s
                                          Versus
   1. The State of Bihar.
   2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
   3. Magadh University, Bodh Gaya through Registrar.
   4. Vice Chancellor, Magadh University, Bodh - Gaya.
   5. Registrar, Magadh University, Bodh- Gaya.
   6. Principal, Sant Sandhya Das Mahila College Barh, District- Patna.
   7. Examination Controller, Magadh University, Bodh Gaya.
   8. Patliputra University, Patna through its Registrar.
                                                               ... ... Respondent/s
      ======================================================
                                            with
                        Letters Patent Appeal No. 1450 of 2018
                                             In
                     Civil Writ Jurisdiction Case No.19396 of 2018
      ======================================================
   1. Ram Lakhan Singh Yadav College, Anisabad, Patna- 800002,
      through its Prof.-in-charge Sri Bhuneshwar Prasad Yadav.
   2. Bhuneshwar Prasad Yadav, Son of Late Kripali Prasad Yadav,
      Resident of at- Makhdumpur, P.O. & P.S.- Sheikhpura, District-
      Sheikhpura, at present posted as Prof.-in-charge Ram Lakhan
      Singh Yadav College, Anisabad, Patna- 800002.
                                                                  ... ... Appellant/s
                                          Versus
   1. The State of Bihar through Principal Secretary, Education Department,
      Government of Bihar, New Secretariat, Patna.
   2. The Principal Secretary, Education Department (Higher Education),
      Government of Bihar, New Secretariat, Patna.
   3. The Director, Higher Education, Government of Bihar, New Secretariat,
      Patna.
   4. The Magadh University through its Registrar.
   5. The Vice Chancellor, Magadh University, Bodh Gaya.
   6. The Registrar, Magadh University, Bodh Gaya.
   7. The Examination Controller, Magadh University, Bodh Gaya.
                                                               ... ... Respondent/s
      ======================================================
                                            with
                        Letters Patent Appeal No. 1582 of 2018
                                             In
                     Civil Writ Jurisdiction Case No.20161 of 2018
      ======================================================
      1. Patel Trimurti Sandhya Mahavidyalay, Ismailpur Bangra Road Patna
      through its Secretary Surendra Singh, son of Ram Sevak Singh, resident of
      F/139, P.C. Colony, Kankarbag, Police Station- Kankarbag, District Patna.
      2. Surendra Singh, son of Ram Sevak Singh, resident of F/139, P.C. Colony,
      Kankarbag, Police Station - Kankarbag, District Patna.
                                                                  ... ... Appellant/s
                                          Versus
      1. The Magadh University through its Registrar, Bodh Gaya, Gaya.
 Patna High Court LPA No.1288 of 2018 dt.01-11-2018
                                           11/25




       2. The Vice Chancellor, Magadh University, Bodh Gaya, Gaya.
       3. The Registrar, Magadh University, Bodh Gaya, Gaya.
       4. The Examination Controller, Magadh University, Bodh Gaya, Gaya.

                                                 ... ... Respondent/s
       ======================================================
       Appearance :
       (In Letters Patent Appeal No. 1288 of 2018)
       For the Appellant/s     :        Mr. Abdul Wadood, Advocate
       For the Respondent/s    :        Mr. Lalit Kishore, Advocate General
                                        Mr. Ashutosh Ranjan Pandey -AAG-15
       (In Letters Patent Appeal No. 931 of 2018)
       For the Appellant/s     :       Mr. P. K. Shahi, Senior Advocate
                                       Mr. Arun Kumar, Advocate
       For the Respondent/s    :        Mr.
       (In Letters Patent Appeal No. 932 of 2018)
       For the Appellant/s     :        Mr. Arun Kumar, Advocate
       For the Respondent/s    :        Mr.
       (In Letters Patent Appeal No. 928 of 2018)
       For the Appellant/s     :        Mr. Arun Kumar, Advocate
       For the Respondent/s    :        Mr.
       (In Letters Patent Appeal No. 929 of 2018)
       For the Appellant/s     :        Mr. Arun Kumar, Advocate
       For the Respondent/s    :        Mr.
       (In Letters Patent Appeal No. 933 of 2018)
       For the Appellant/s     :       Mr. Arun Kumar, Advocate
       For the Respondent/s    :        Mr.
       (In Letters Patent Appeal No. 934 of 2018)
       For the Appellant/s     :        Mr. Arun Kumar
       For the Respondent/s    :        Mr.
       (In Letters Patent Appeal No. 935 of 2018)
       For the Appellant/s     :       Mr. Arun Kumar, Advocate
       For the Respondent/s    :        Mr.
       (In Letters Patent Appeal No. 930 of 2018)
       For the Appellant/s     :        Mr. Arun Kumar, Advocate
       For the Respondent/s    :        Mr.
       (In Letters Patent Appeal No. 958 of 2018)
       For the Appellant/s     :        Mr. Arun Kumar, Advocate
       For the Respondent/s    :        Mr.
       (In Letters Patent Appeal No. 960 of 2018)
       For the Appellant/s     :        Mr. Arun Kumar, Advocate
       For the Respondent/s    :        Mr.
       (In Letters Patent Appeal No. 961 of 2018)
       For the Appellant/s     :        Mr. Arun Kumar
       For the Respondent/s    :        Mr.
       (In Letters Patent Appeal No. 1004 of 2018)
       For the Appellant/s     :        Mr. Rajendra Pd. Singh, Senior Advocate
                                       Mr. Rajeev Kumar Singh, Advocate
       For the Respondent/s    :        Mr. Vikas Ratan Bharti
       (In Letters Patent Appeal No. 1022 of 2018)
       For the Appellant/s     :       Mr. Arun Kumar, Advocate
       For the Respondent/s    :        Mr.
       (In Letters Patent Appeal No. 1019 of 2018)
       For the Appellant/s     :        Mr. Arun Kumar, Advocate
       For the Respondent/s    :        Mr.
       (In Letters Patent Appeal No. 1020 of 2018)
 Patna High Court LPA No.1288 of 2018 dt.01-11-2018
                                           12/25




       For the Appellant/s     :        Mr. Arun Kumar, Advocate
       For the Respondent/s    :        Mr.
       (In Letters Patent Appeal No. 1021 of 2018)
       For the Appellant/s     :        Mr. Arun Kumar, Advocate
       For the Respondent/s    :        Mr.
       (In Letters Patent Appeal No. 1023 of 2018)
       For the Appellant/s     :        Mr. Arun Kumar, Advocate
       For the Respondent/s    :        Mr.
       (In Letters Patent Appeal No. 1112 of 2018)
       For the Appellant/s     :        Mr. Murari Prasad Sinha, Advocate
       For the Respondent/s    :        Mr. Ashutosh Ranjan Pandey -AAG 15
       For the University      :        Mr. Dr. Kumar Amitesh Chandra, Advocate
       (In Letters Patent Appeal No. 1334 of 2018)
       For the Appellant/s     :        Mr. Surendra Kumar, Advocate
       For the Respondent/s    :        Mr. Ashutosh Ranjan Pandey -AAG15
       (In Letters Patent Appeal No. 1450 of 2018)
       For the Appellant/s     :        Mr. Sanjay Kumar Jha, Advocate
       For the Respondent/s    :        Mr.
       (In Letters Patent Appeal No. 1582 of 2018)
       For the Appellant/s     :        Mr. Ajey Kumar, Advocate
       For the Respondent/s    :        Mr. Syed Firoz Raza, Advocate
       ======================================================
       CORAM: HONOURABLE THE CHIEF JUSTICE
               and
               HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
       ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE) Date : 01-11-2018

1. As common questions of law and facts arise in all these Letters Patent Appeals, all these Letters Patent Appeals are decided and disposed of together by this common order.

1.1. Feeling aggrieved and dissatisfied with the impugned judgments and orders passed by the learned Single Judge passed in Civil Writ Jurisdiction Case Nos.13083 of 2018; 12048 of 2018;

12186 of 2018; 12127 of 2018; 12185 of 2018; 12515 of 2018;

12526 of 2018; 12112 of 2018; 12579 of 2018; 13167 of 2018;

12300 of 2018; 12840 of 2018; 13811 of 2018; 13766 of 2018;

10986 of 2018; 13929 of 2018; 13625 of 2018; 13594 of 2018; Patna High Court LPA No.1288 of 2018 dt.01-11-2018 13/25 2342 of 2018; 14065 of 2018; 19396 of 2018; and 20161 of 2018, the original writ petitioners-students as well as respective educational institutions have preferred the present Letters Patent Appeals, the particulars of which are as under:-

Letters Patent Appeal No.1288 of 2018 In Civil Writ Jurisdiction Case No.13083 of 2018 ======================================================
1.Arpana Kumari, D/o Vinod Prasad, Resident of Village- Shahbazpur, Fatehpur, Nepa, P.S. Tekhari, District-Gaya.
2.Nitu Kumari, D/o Umesh Rajak, Resident of Village-Siyadih Mathia, P.O. Siyadih, P.S. Konch, District-Gaya
3.Tarnnum Parbn, D/o Md. Suleman Ansari, Village-Rupaspur, P.O. Salempur, P.S. Alipur, District-Gaya.
4.Vandana Kumari, D/o Sri Ram Lagan Yadav, Resident of Mohalla-Titaiganj Tekari, P.O. Ketari, P.S. Tekari, District-Gaya.
5.Mandvi Kumari, D/o Sri Nand Lal Vaidya, Resident of Village-Badauli, P.O. Poora, P.S. Tekari, District-Gaya.

================================================ Letters Patent Appeal No. 931 of 2018 In Civil Writ Jurisdiction Case No.12048 of 2018 ====================================================== Halivant Tiwary Womens Degree College, Hardiya, Narkatiyaganj, West Champaran through its Secretary Radheshyam Tiwari, aged about 52 years, Son of Halivant Tiwari, Resident of Parishad Nagar, P.S.- Narkatiyaganj, District- West Champaran.

====================================================== Letters Patent Appeal No. 932 of 2018 In Civil Writ Jurisdiction Case No.12186 of 2018 ====================================================== Bishwanath Roy Degree College, Nirpur, Patepur, Vaishali through its Secretary Vishwanath Prasad Ray, aged about 75 years, Son of Judagi Ray, Resident of Village- Nirpur, P.S.- Patepur, District- Vaishali. ====================================================== Letters Patent Appeal No. 928 of 2018 In Civil Writ Jurisdiction Case No.12127 of 2018 ====================================================== Meena Baskit Rai Degree College, Yadav Nagar, Basara, Rajapakar, Vaishali through its Secretary Vaskit Rai @ Baskit Rai, aged about 53 years, Son of Jaykaran Rai, resident of Village- Bhathadasi, P.S.- Rajapakar, District- Vaishali.

====================================================== Patna High Court LPA No.1288 of 2018 dt.01-11-2018 14/25 Letters Patent Appeal No. 929 of 2018 In Civil Writ Jurisdiction Case No.12185 of 2018 ====================================================== Rameshwar Mahavir Evening Degree College, Harsiddhi, East Champaran through its Secretary Krishnarjun, aged about 53 years, Son of Awadhesh Prasad Kushwaha, Resident of Village- Harsiddhi, P.S.- Harsiddhi, District- East Champaran.

====================================================== Letters Patent Appeal No. 933 of 2018 In Civil Writ Jurisdiction Case No.12515 of 2018 ====================================================== Raghunath Jha Degree College, Sitamarhi through its Secretary Ajit Kumar Jha aged about 56 years, Son of Raghunath Jha, Resident of Amba Ojha Tola, Amwa Kalan, Amua, P.S. - Piprahi, District - Sitamarhi. ====================================================== Letters Patent Appeal No. 934 of 2018 In Civil Writ Jurisdiction Case No.12526 of 2018 ====================================================== Dr. K.K.P. Roy Y.K. Jha College, Hasanpur, Mahnar (Vaishali) through its Secretary Jugal Kishore Jha aged about 78 years, Son of Siddha Nath Jha, Resident of Village- Hasapur Junaid, P.S.- Mahnar, District- Vaishali.

====================================================== Letters Patent Appeal No. 935 of 2018 In Civil Writ Jurisdiction Case No.12112 of 2018 ====================================================== Nirmala Devi Ajay Maskara Womens Degree Evening College, Raxaul (East Champaran) through its Secretary Ajay Kumar Maskara, aged about 58 years, Son of Basudeo Prasad Maskara, Resident of 109, Post Office Road, Raxaul, East Champaran.

====================================================== Letters Patent Appeal No. 930 of 2018 In Civil Writ Jurisdiction Case No.12579 of 2018 ====================================================== Dhanraj Bhagat Degree College, Mustafaganj, Meenapur, Muzaffarpur through its Secretary Ganesh Prasad, aged about 74 years, Son of Nirsan Prasad, Resident of Village- Mustafaganj, P.S.- Meenapur, District- Muzaffarpur.

====================================================== Letters Patent Appeal No. 958 of 2018 In Civil Writ Jurisdiction Case No.13167 of 2018 ====================================================== Ramvilas Singh Ramdayal Ray College, Saraypur Raghopur, Vaishali through its Secretary Sanjay Kumar, aged about 64 years, Son of Ram Dayal Ray, Resident of Village- Makkanpur, Jandaha, P.S.- Mahnar, District- Vaishali. ====================================================== Patna High Court LPA No.1288 of 2018 dt.01-11-2018 15/25 Letters Patent Appeal No. 960 of 2018 In Civil Writ Jurisdiction Case No.12300 of 2018 ====================================================== Nitesh Kumar Smarak College, Andhrawar Chowk, Paharpur Toi, Sahdev Bujurg (Vaishali) through its Secretary Dr. Rajeshwar Patel, aged about 64 years, Son of late Ram Lakhan Singh, Resident of Village- Ghazipur Garahi, P.S.- Vaishali, District- Vaishali.

====================================================== Letters Patent Appeal No. 961 of 2018 In Civil Writ Jurisdiction Case No.12840 of 2018 ====================================================== Ram Lagan Rai Degree College, Rajapakar, Vaishali through its Secretary Ram Lagan Rai @ Ram Lagan Ray, aged about 61 years, Son of Ramchandra Ray, Resident of Village- Rajapakar, P.S.- Rajapakar, District- Vaishali. ===================================================== Letters Patent Appeal No. 1004 of 2018 In Civil Writ Jurisdiction Case No.13811 of 2018 ====================================================== Santosh Kumar Pathak, aged about 39 years, S/o Late Rudra Deo Pathak Principal of Akshlal Singh Asharfi Devi Degree College, Hansi Kewal, Bhagwanpur, P.S. Bhagwan, District - Vaishali at Hajipur. ====================================================== Letters Patent Appeal No. 1022 of 2018 In Civil Writ Jurisdiction Case No.13766 of 2018 ====================================================== Biyoglal Chaudhary Degree College, Jandaha, Vaishali through its Secretary Ram Babu Chaudhary, aged about 60 years, son of Biyoglal Chaudhary, Resident of Village- Jandaha, P.S. Jandaha, District Vaishali.

====================================================== Letters Patent Appeal No. 1019 of 2018 In Civil Writ Jurisdiction Case No.10986 of 2017 ====================================================== Motihari Degree Evening College. Motihari (East Chamaparan) through its Secretary Harishchandra Singh, aged about 54 years, son of late Yamuna Singh, resident of Village- Sarean,P.S.- Govindganj, District East Champaran. ====================================================== Letters Patent Appeal No. 1020 of 2018 In Civil Writ Jurisdiction Case No.13929 of 2018 ====================================================== Baba Bhagwat Rai Degree College, Telhua, Nautan, West Champaran through its Secretary Vibhuti Narayan Rai, aged about 52 years, son of late Rajdeo Rai, resident of Village- Telhua, P.S. Nautan, District- West Chamaparan. ====================================================== Patna High Court LPA No.1288 of 2018 dt.01-11-2018 16/25 Letters Patent Appeal No. 1021 of 2018 In Civil Writ Jurisdiction Case No.13625 of 2018 ====================================================== S. K. Yadav Degree College, Tejpur, Patkhauliya, Kesariya (East Champaran) through its Secretary Bipul Kumar Ray @ Vipul Kumar Ray, aged about 48 years, son of Brahmdev Narayan Ray, resident of Village- Tajpur, Patkhauliya, P.S.- Kesariya (East Champaran). ====================================================== Letters Patent Appeal No. 1023 of 2018 In Civil Writ Jurisdiction Case No.13594 of 2018 ====================================================== Mahesh Prasad Singh Snatak Mahavidyalay, Raghunathpur, Jagdishpur, Bela Muzaffarpur through its Prof. In-Charge Vikas Kumar, aged about 51 years, son of Hira Lal Prasad, Nai Bazar, Ward No. 44, P.S. Muzaffarpur, District Muzaffarpur.

====================================================== Letters Patent Appeal No. 1112 of 2018 In Civil Writ Jurisdiction Case No.2342 of 2018 ====================================================== Prof. Shailendra Kumar Sinha Son of Late Parmanand Sinha, Resident of Mohalla- Ashok Nagar, Police Station- Kankarbagh, District and Town Patna, at present working as Professor-in-Charge, Firoz Gandhi College, Karbigahiya, Patna- 800001.

====================================================== Letters Patent Appeal No. 1334 of 2018 In Civil Writ Jurisdiction Case No.14065 of 2018 ======================================================

1. Sumati Kumari, D/o Mahipal Singh, Resident of Village-

Pachmahala Bind Toli, P.O.- Raily, P.S. N.T.P.C. Barh, District- Patna.

2. Juli Kumari, D/o Mishri Paswan, Resident of Village- Jadopur, P.O.- Gawasha Shekhpura, P.S.- Pandarak, District- Patna.

3. Laxmi Kumari, D/o Parshuram Singh, Resident of Village + P.O.- Rana Bigha, P.S.- Barh, District- Patna.

4. Sony Kumari, D/o Mahesh Singh, Resident of Village-

Laxmipur, P.O.- Raily, P.S. N.T.P.C. Barh, District- Patna. ====================================================== Letters Patent Appeal No. 1450 of 2018 In Civil Writ Jurisdiction Case No.19396 of 2018 ======================================================

1. Ram Lakhan Singh Yadav College, Anisabad, Patna- 800002, through its Prof.-in-charge Sri Bhuneshwar Prasad Yadav.

2. Bhuneshwar Prasad Yadav, Son of Late Kripali Prasad Yadav, Resident of at- Makhdumpur, P.O. & P.S.- Sheikhpura, District- Sheikhpura, at present posted as Prof.-in-charge Ram Lakhan Singh Yadav College, Anisabad, Patna- 800002. ====================================================== Patna High Court LPA No.1288 of 2018 dt.01-11-2018 17/25 Letters Patent Appeal No. 1582 of 2018 In Civil Writ Jurisdiction Case No.20161 of 2018 ======================================================

1. Patel Trimurti Sandhya Mahavidyalay, Ismailpur Bangra Road Patna through its Secretary Surendra Singh, son of Ram Sevak Singh, resident of F/139, P.C. Colony, Kankarbag, Police Station- Kankarbag, District Patna.

2. Surendra Singh, son of Ram Sevak Singh, resident of F/139, P.C. Colony, Kankarbag, Police Station - Kankarbag, District Patna. ======================================================

2. That the original writ petitioners approached this Court by way of aforesaid writ petitions directing the concerned respective Universities to accept the examination forms and fees of the petitioners for B.A./B.Sc. Part III examination for the academic session 2017-18 and/or other examinations. It is not in dispute that the applications submitted by the concerned educational institutions to the State Government for its approval of affiliation under Section 21(2) (d) of the Bihar Universities Act (hereinafter referred to as 'the Act') were pending consideration for the academic session 2017-18. Therefore, the Universities/ State Government refused to accept the examination forms and fees and therefore, the concerned institutions and/or the concerned students approached this Court for the aforesaid reliefs.

2.1. It was the case on behalf of the concerned institutions as well as the original writ petitioners-students that as the concerned University granted the affiliation and recommended to the State Government for its approval under Section 21(2) (d) of the Act and there was delay on the part of the State Government in Patna High Court LPA No.1288 of 2018 dt.01-11-2018 18/25 not taking final decision which was required to be taken under Section 21(2) (d) of the Act, the students may not be made to suffer for the lapses and negligence on the part of the State Government. By the separate impugned judgments and orders and for the reasons stated in the detailed judgment and order in the case of Ram Pramod Thakur Vs. State of Bihar and others in Civil Writ Jurisdiction Case No.4660 of 2017, the learned Single Judge has dismissed the respective writ petitions against which the present Letters Patent Appeals are preferred.

3. That when the present Letters Patent Appeals were heard yesterday it was pointed out that the State Government has asked for the details with respect to the institutions which applications were pending for approval under Section 21(2) (d) of the Act. It is reported that in many cases of the institutions, the applications for approval under Section 21(2) (d) of the Act are pending and in some cases only the applications for approval have been rejected.

3.1. It is admitted by learned counsel appearing on behalf of the respective writ petitioners that the applications by the concerned institutions in which the students have studied are pending for approval with the State Government and as on today there is no approval of affiliation by the State Government as Patna High Court LPA No.1288 of 2018 dt.01-11-2018 19/25 required under Section 21(2) (d) of the Act for the academic session 2017-18.

3.2. Therefore, there is a broad consensus between the learned counsel appearing on behalf of the respective parties, including the learned counsel appearing on behalf of the respective institutions, respective petitioners-students as well as the learned Advocate General appearing on behalf of the State and the learned counsel appearing on behalf of the respective Universities that as number of students are likely to be affected in the State which are thousands in number and to protect their interest, the State Government/concerned University be directed to accept the forms and fees of the respective students of the concerned institutions for the academic year 2017-18 subject to outcome of the applications pending with the State Government for approval under Section 21(2) (d) of the Act and that the concerned students shall not claim any equity by permitting them to appear in the examination and that their acceptance of forms and fees and permitting them to appear in the ensuing examination for the academic year 2017-18 shall be subject to ultimate outcome of the applications for approval pending with the State Government and the State Government may be directed to finally decide and dispose of the Patna High Court LPA No.1288 of 2018 dt.01-11-2018 20/25 applications for approval under Section 21(2) (d) of the Act at the earliest.

3.3. Learned counsel appearing on behalf of the original writ petitioners have also requested to the above observations that in case, the concerned institutions in which students have studied are granted approval by the State Government for the academic year 2017-18, in that case results be declared. It is agreed that in case, the State Government does not grant the approval in case of particular institution under Section 21(2) (d) of the Act, in that case, the results of such institutions may not be declared. However, liberty is reserved in favour of the concerned institutions to challenge the decision of refusal of the approval which may be directed to be considered in accordance with law and on its own merit.

4. Having heard learned counsel appearing for the respective parties and having given serious thought to the problem which has arisen and the future of the number of the students which are thousands in number are at stake and thousands of students are likely to be affected, as one time measure and in the peculiar facts and circumstances, we are of the opinion that the suggestion seems to be reasonable. It is true that the concerned institutions ought not to have admitted the students without any Patna High Court LPA No.1288 of 2018 dt.01-11-2018 21/25 approval of the State Government as required under Section 21(2)

(d) of the Act and merely on the basis of the affiliation granted by the University and without waiting for the approval of the State Government as per Section 21(2)(d) of the Act. Even the University also ought not to have supported such institutions.

However, the fact remains that the concerned institutions are running since long and they are granted approval by the State Government periodically. The fact remains that for the academic year 2017-18, the applications of the concerned institutions through the recommendation of the concerned University for approval under Section 21(2) (d) of the Act for the academic year 2017-18 are still pending with the State Government. In most of the cases, the State Government has yet to take a final call/decision of the approval to be granted to the concerned institution under Section 21(2)(d) of the Act.

4.1. Therefore, in the peculiar facts and circumstances of the case and the future of the thousands of students are at stake and the broad consensus between the learned counsel appearing on behalf of the respective parties recorded hereinabove, more particularly, learned counsel appearing on behalf of the concerned students and the respective institutions-writ petitioners, the present Letters Patent Appeals are disposed of in terms of the following:-

Patna High Court LPA No.1288 of 2018 dt.01-11-2018 22/25
(i) That as agreed, the State Government/concerned Universities to accept the examination forms and fees of the concerned students of the respective institutions for the academic year 2017-18 pending decision by the State Government with respect to the concerned institutions in which the students have studied under Section 21(2) (d) of the Act and they may be permitted to appear in the ensuing examination for the academic year 2017-

18. However, the concerned students shall not claim any equity solely on the basis of acceptance of their examination forms and fees and permitting them to appear in the examination.

(ii) That their acceptance of examination forms and fees and permitting them to appear in the ensuing examination for the academic year 2017-18 shall be subject to ultimate outcome/decision of the State Government on the application pending for approval of affiliation with respect to the concerned institutions under Section 21(2) (d) of the Act. In case, the State Government grants approval of affiliation of the concerned institution Patna High Court LPA No.1288 of 2018 dt.01-11-2018 23/25 for the academic year 2017-18, the result of the students of those institutions be declared. As agreed, in case, with respect to any of the institutions, the approval of affiliation is not granted by the State Government under Section 21(2) (d) of the Act for the academic year 2017- 18, in that case, the result of those students of those institutions may not be declared. However, it will be open for the concerned institutions to challenge the same before the appropriate Court/Forum, in case they are aggrieved by any decision of the State Government not granting the approval for the academic year 2017-18.

(iii) That the State Government is directed to finally decide the applications of the concerned institutions for approval for the academic year 2017-18 under Section 21(2) (d) of the Act at the earliest and within a period of six weeks from today and intimate the outcome of the same to the concerned institution. The State Government to take final decision in accordance with law and on its own merit and pass speaking order.

Patna High Court LPA No.1288 of 2018 dt.01-11-2018 24/25

(iv) That the aforesaid order is passed in the peculiar facts and circumstances narrated hereinabove as it is reported that the applications of the concerned institutions submitted through the concerned Universities for approval under Section 21(2) (d) of the Act is pending with the State Government and the present order be not cited as a precedent in future.

5. With the aforesaid directions, the present Letters Patent Appeals stand disposed of and the impugned judgments and orders passed by the learned Single Judge in respective writ petitions are modified to the aforesaid extent.

5.1. Before parting with the present order, we may caution the concerned institutions that in future they may not admit the students in the respective institutions without any approval by the State Government under Section 21(2) (d) of the Act and solely on the basis of the affiliation granted by the University and solely on the ground that the University has recommended to the State Government for approval. It is also further observed and directed that the State Government shall decide and dispose of the applications for approval of the concerned institutions under Section 21(2) (d) of the Act at the earliest and preferably before Patna High Court LPA No.1288 of 2018 dt.01-11-2018 25/25 start of the academic year so that such an eventuality may not occur, provided the concerned institutions or the concerned University send the recommendation in the prescribed format well in time and much before the academic year starts.

6. With the above, the present Letters Patent Appeals stand disposed of. No costs.

All the Interlocutory applications stand disposed of.

(Mukesh R. Shah, CJ) (Ashutosh Kumar, J) Sunil/-

AFR/NAFR                 AFR
CAV DATE                 NA
Uploading Date           01.11.2018
Transmission Date