LAWS(PAT)-2021-8-104

L.P. SHAHI MAHAVIDYALAY Vs. STATE OF BIHAR

Decided On August 24, 2021
L.P. Shahi Mahavidyalay Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Mr. P.K. Sahi, learned Senior Counsel appearing on behalf of the petitioner, Mr. Prabhakar Jha, learned G.P.-27 representing the respondent State of Bihar and Mr. Nikhil Kumar Agrawal, learned counsel for the respondent University.

(2.) This writ application has been filed under Article 226 of the Constitution of India by L.P. Shahi Mahavidyalaya, Muzaffarpur, through its Joint Secretary. The petitioner had initially sought for a direction commanding the respondent Education Department, Government of Bihar, to grant approval of affiliation granted by the Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur (hereinafter to be referred to as 'the University') for Academic Sessions 2020-21, 2021-22 and 2022-23. During the pendency of this application, the Education Department, through its letter dtd. 10/9/2020 addressed to the Registrar of the University, has communicated refusal to approve the affiliation granted by the University. The petitioner has accordingly challenged the said communication dtd. 10/9/2020 by seeking amendment in the writ application through LA. No. 1 of 2020. Considering the fact that the communication dtd. 18/9/2020 arises out of the same transaction relating to grant of approval of affidavit, LA. No. 1 of 2020 is allowed.

(3.) Consequently, the petitioner is permitted to challenge the said communication dtd. 10/9/2020. The averments made in LA. No. 1 of 2020 have been treated to be part of the main writ application.