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patna high court

The College in question could not have taken admission of the students without appropriate order of affiliation by the University: High Court of Patna

In case the appellant is aggrieved by such decision of the respondent/University, the same could be put to challenge by him, but that cannot be a reason for raising any grievance against the order passed by the learned single Judge was upheld by the High Court of Patna through the learned bench led by HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN in the case of Abhishek Kumar Vs. The State Of Bihar (Civil Writ Jurisdiction Case No.17936 of 2017) on 08-03-2022.

Brief facts of the case are that the appellant had filed a writ petition seeking a direction to the respondent/B.R.A. Bihar University, Muzaffarpur to grant affiliation to the College in question for Bachelor degree in Arts, Science and Commerce for the Session 2016-19 onwards. The appellant had contended that the College in question had fulfilled all the requirements for affiliation as prescribed under the Bihar State Universities Act, Statutes and Regulations.

The learned single Judge allowed the aforesaid writ petition and directed the University to expedite the consideration of the decision regarding affiliation and take a decision at the earliest. It was also clarified that a decision was required to be taken without any delay if the appellant satisfied the University that the defects, which has been pointed out, have been rectified.

The Court observed “The College in question could not have taken admission of the students without appropriate order of affiliation by the University.”

Ms. Nivedita Nirvikar, the learned senior Advocate informed the Court that now the University has granted affiliation to the College in question, but only for the Session 2021-24 and that also for lesser number of subjects than what was applied for.

The Court held that in case the appellant is aggrieved by such decision of the respondent/University, the same could be put to challenge by him, but that cannot be a reason for raising any grievance against the order passed by the learned single Judge.

Click here to read the Judgement

Written by- Riya Singh, Legal Intern, Prime Legal

 

 

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