ABHISHEK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Ms. Nivedita Nirvikar, the learned senior Advocate for the petitioner, Mr. Shashi Shekhar Tiwari for the State, Mr. Indrajesh Kumar for the B.R.A. Bihar University, Muzaffarpur and Mr. Amarendra Nath Verma, the learned counsel for the University Grants Commission.

(2.) The appellant had filed a writ petition seeking a direction to the respondent/B.R.A. Bihar University, Muzaffarpur (in short the University) 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 framed thereunder.

(3.) It was suggested to the writ Court that in the expectation of the concerned respondent taking a decision about granting affiliation to the College, the students be permitted to appear in the examination of the University, so that their career is not jeopardized. It was also brought to the notice of the learned single Judge that in one of the cases, viz., Mahavir Upadhyay Memorial Degree College, Dhaka, East Champaran Vs. The State of Bihar and Ors. (C.W.J.C. No. 10023 of 2012), it was held by this Court that the affiliation cannot be withheld by the University if the College has fulfilled all required criteria for being affiliated.