MAHARAJ LAXMISHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Writ Application has been filed on behalf of the petitioners for a writ of mandamus on the respondents State of Bihar, Lalit Naraia Mithila Universityiand the Bihar Intermediate Education Council to grant affiliation to Maharaj Laxmishwar Singh Memorial College Darbhanga upto Degree level.

(2.) According to the petitioners, the aforesaid college was started in the town of Daibhanga and is being managed by an ad hoc committee. On 5.11.1979 the Convener addressed a letter to the Registrar of the Lalit Narain Mithila University, Darbhanga (hereinafter to be referred to as 'the University) making a request for grant of affiliation to the college in question. For that purpose inspection fee etc., were also deposited. The University appointed an inspection committee which inspected the college on 31.1,1980 and submitted a report on 3.4.1980. It has been stated that the committee, after inspection, recommended that the college be granted temporary affiliation for a period of two years up to B.A., B. Sc. and B. Com. level from 1979-80. The subjects in which affiliation was recommended were also mentioned According to the petitioners, the Syndicate of the respondent-University resolved that the college be granted affiliation up to B.A., B. Sc. and B. Com. levels in Arts, Science and Commerce subjects for two years on the conditions laid down by the inspection team. However, by a letter dated 9.1.1981 the Registrar of the University informed the Secretary of the college that the University has received a direction from the State Government that affiliation should not be granted to the college in question. In that very letter the State Government had also advised the University to direct the college in question to seek affiliation upto Intermediate level if they so desire from the Bihar Intermediate Education Council (hereinafter to be referred to as 'the Council'). While the question of affiliation was under consideration, by order of the Chancellor students of the said college appeared at the Intermediate examination as well as B.A., B.Sc and B.Com. examinations. Thereafter, the present writ application was filed for the reliefs mentioned above.

(3.) No counter-affidavit has been filed on behalf of the respondents. Learned Advocate-General appeared on behalf of the respondent-State and the Council. On behalf of the State learned Advocate General informed the Court that by letter dated 19.2.1983 bearing No. 165 addressed to the Registrar of the respondent University the State Government has approved that the temporary affiliation be granted to the college in respect of Degree course in Arts in the subjects mentioned in that letter. It was further stated on behalf of the State that if the petitioners comply with the requirements for affiliation in B. Sc. and B. Com. degrees then the State Government shall advise to the University for granting affiliation even in respect of those Degrees and that question is under consideration of the State Government and the University.