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Jag Jivan Abhyuday Sanskrit ... vs The Kameshwar Singh Darbhanga Sanskrit ... on 31 August, 2016

Author: Hemant Gupta

Bench: Hemant Gupta, Ahsanuddin Amanullah

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Letters Patent Appeal No.1959 of 2015
                                                 Arising out of
                                  Civil Writ Jurisdiction Case No. 21565 of 2014
                  ======================================================
                  Jag Jivan Abhyuday Sanskrit Mahavidalaya & Anr
                                                                        .... ....   Appellant/s
                                                     Versus
                  The Kameshwar Singh Darbhanga Sanskrit University & Ors
                                                                        .... .... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellants    :    Mr. Y V. Giri, Sr. Advocate with
                                             Mr. Pranav Kumar, Advocates

                  For the State                  :      Mr. Prashant Pratap, GP 2 with
                                                        Mr. Dev Kumar Pandey, AC to GP 2

                  For the University      :    Ms. Renu Jha, Advocate
                  ======================================================
                  CORAM:           HONOURABLE MR. JUSTICE HEMANT GUPTA
                                                and
                            HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
                                             ORAL ORDER
                         (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA)


12   31-08-2016

The argument of learned counsel for the appellants is that the claim of the appellants for its affiliation has to be examined in light of the State Government Circular No. 2261/Patna dated 18th October, 1976 issued in exercise of the executive power of the State whereas the stand of the State is that power to affiliate a college is conferred under Section 4 of the Bihar State Universities Act, 1976 (hereinafter referred to as the 'Act'). The affiliation can be granted only with prior Patna High Court LPA No.1959 of 2015 (12) dt.31-08-2016 2/3 approval of the State Government. It is contended that in terms of Section 21 of the said Act, the State Government has to 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 may likely to have adverse effect on the interest of students admitted to such a college. Section 34 of the Act contemplates making of the Statues. The Clause (d) of Section 34 deals with admission of educational institutions as colleges and the withdrawal of privileges from colleges so admitted.

We find that Section 4(1)(19) of the Act deals with affiliation of the college according to the Statutes subject to prior approval of the State Government whereas the Statutes referred to by the learned State counsel relates to admission of educational institution. Though, learned counsel for the State argued that affiliation of a college and admission of educational institution are interchangeable expressions but prima facie, we do not find that such can be the situation as the Act uses two different expressions at two different places. Therefore, the meaning and the affect has to be different.

Learned counsel for the parties seek some time to examine the scope of the expression 'affiliation' appearing in Patna High Court LPA No.1959 of 2015 (12) dt.31-08-2016 3/3 Section 4(1)(19) and 'admission' appearing in Section 34 of the Act.

List on 14th September, 2016.

(Hemant Gupta, J) (Ahsanuddin Amanullah, J) P. Kumar/Anjani U