J P MEMORIAL TRUST, THROUGH ITS SECRETARY, SHAILES Vs. MAGADH UNIVERSITY, BODH GAYA THROUGH REGISTRAR; VI

JUDGEMENT

(1.) Seeking exception to an order dated 16.10.2017 passed by the Writ Court in CWJC No. 9479 of 2017 this appeal has been filed under Clause 10 of the Letters Patent.

(2.) There being a delay of 31 days in filing of this appeal, IA No. 8933 of 2017 has been filed seeking condonation of delay. Keeping in view the reason indicated in the application for condonation of delay the same is allowed. The delay in filing of the appeal is condoned.

(3.) Petitioner-Institute appellant herein had filed the writ petition challenging a decision taken by the Magadh University, Bodh Gaya refusing to issue No Objection Certificate (N.O.C., in short) to a teachers training institute for running B.Ed. course at Biharsharif, Nalanda. It is the grievance of the petitioner-appellant that for grant of affiliation the petitioner deposited the requisite fee of Rs.5, 50, 000/- . However, no inspection was done and, inter alia, contending that a policy decision has been taken by the University in the meeting of the Senate not to grant any N.O.C. to any institute and the claim was rejected. Challenging this policy decision the writ petition in question was filed and the learned Writ Court holds that once the University has taken a policy decision not to issue any N.O.C. the Writ Court cannot interfere into the matter.