MJC/191/2007 of MAHILA MAHAVIDYALAYA Vs THE STATE OF BIHAR and ORS on 23 December 2008

1. THE STATE OF BIHAR THROUGH MR. DHANANJAY SINGH, THE DIRECTOR, HIGHER EDUCATION DEPARTMENT, NEW DIRECTOR, HIGHER EDUCATION DEPARTMENT, NEW

SECRETARIAT, GOVERNMENT OF BIHAR, PATNA.

2. MR. MADAN MOHAN JHA, THE SECRETARY, HIGHER EDUCATION DEPARTMENT, NEW SECRETARIAT, GOVERNMENT OF BIHAR, PATNA. DEPARTMENT, NEW SECRETARIAT, GOVERNMENT OF BIHAR, PATNA.

3. DR. PREMA JHA, THE VICE-CHANCELLOR, TILKA MANJHI UNIVERSITY, BHAGALPUR. UNIVERSITY, BHAGALPUR.

……………………OPPOSITE PARTIES.

FOR THE RESPONDENTS NO.3 : ASHOK KUMAR KESHARI

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3 23.12.2008

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the University.

Petitioner-institution filed CWJC No. 2810 of 2004

for a direction to the respondents for granting extension of affiliation to the institution in the light of approval given by the university for the Sessions 2003-04 to 2005-06 for the faculties of Science, B.Sc. Pass and Honours. While considering the writ application, this Court found that the University had already recommended for grant of extension of affiliation to the petitioner- institution.

Hence, while disposing of the writ application, by order dated 12.10.2006 this Court had directed that fresh inspection of the institution be held by 15[th] November, 2006 and thereafter directed the respondent authorities of the State to pass fresh order with regard to grant of temporary or permanent affiliation to the institution in accordance with law within a period of two months. In compliance to the said order of this Court inspection was held by the team of officers of University and the inspection report is annexed as Annexure- 3 to the present contempt application. It is also said that the inspection report recommended for grant of permanent affiliation. In spite of said inspection report submitted to the State Government, the State Government has only extended the temporary affiliation granted to the petitioner institution vide Annexure-A to the show cause filed on behalf of opposite party nos. 1 and 2 for the Sessions 2003-04 to 2007-08 with certain stipulation that the institution may remove the short falls for the purposes of granting permanent affiliation.

It is obvious that this Court had directed the State authorities to take a final decision in the matter of grant of permanent affiliation. It is not understandable as to why if the institution has not completed the requirements in so many years, why the temporary affiliation of the institution should be extended from time to time. On the other hand, this is also not understandable as to why if the institution has completed all the formalities and requirements for grant of permanent affiliation it should not be considered if the inspection report has been submitted to that effect. The findings of the inspection report and the recommendation has to be taken into account by the State authorities for grant of permanent affiliation to the institution or refuse affiliation to the institution completely. Therefore, this Arvind/

contempt application is disposed of with a direction to the State authorities to pass a final order of grant of permanent affiliation or otherwise to the institution in compliance to the orders passed by this Court in the writ matter taking into account the materials available on record and supplied to it by the university or the institution.

It is made clear that no further time should be allowed to the institution to fulfill the formalities and requirements for grant of affiliation as sufficient time has been granted to the institution for the same. On the other hand, it is also made clear that if due to late extension of temporary affiliation to the institution by Annexure-A, the petitioner institution could not admit students or conduct courses that shall not be taken as disqualifying condition for grant of permanent affiliation to the institution.

With the above observations and direction, this contempt application is disposed of.

Since it is a matter of running teaching institution, the authorities of the State shall take final decision in the matter positively within a period of two months from the date of receipt/production of a copy of this order, failing which the matter shall be viewed seriously.

( J. N. Singh , J. )