Affiliation  cannot  be  withheld  by  the University  if  the  College  has  fulfilled  all  required  criteria for  being  affiliated: Patna High Court.

June 10, 2022by Primelegal Team0

This case was filled by Abhishek Kumar, son of Sri Shatrughan Pathak, the Principal, Adarsh Champaran Degree Mahavidyalay, Kotwa, East Champaran, resident of Chhota Bariyarpur, near Hawai Adda Dakshin, P.S.- Motihari, District- East Champaran, Motihari against The State of Bihar. The Judgment in Abhishek Kumar v. The State of Bihar (L.P.A No.1733 of 2018) was passed by HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

THE FACT OF THE CASE:
This case was a writ petition filled before the Court seeking court seek the respondent to grant affiliation to the College in question for Bachelor degree in Arts, Science and Commerce for the Session 2016-19 onwards. Further according to the appellant the College in question had fulfilled all the requirements for affiliation as prescribed under the Bihar State Universities Act, Statutes and Regulations framed thereunder.

JUDGEMENT:
The Court observed that the College in question could not have taken admission of the students without appropriate order of affiliation by the University. 8. It appears that against the inaction of the respondent/University in complying with the order passed by the learned single Judge, a contempt petition also has been filed in which notices have been issued to the respondent/University and others for showing cause. Further 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. At last th Court held that there is no merit in this appeal and the same is, accordingly, dismissed.

JUDGEMENT REVIEWED BY AKANKSHA 

Click Here To View Judgement

Primelegal Team

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