Patna High Court
Pramod PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The court directed the petitioner to submit the requisite documents to the Director of Higher Education and, upon such submission, the authority must decide on permanent affiliation within a stipulated period.
Summary
The petitioner, Pramod Prasad, sought modification of a government memo that granted only temporary affiliation to his college for the 2025-29 and 2026-30 sessions, despite a prior recommendation for permanent affiliation by Magadh University. The State Government argued that the college failed to provide documents on viability and income as required under the checklist, and that infrastructure modifications were needed under the National Education Policy. The petitioner contended that all required documents had been submitted to the university and were forwarded to the State, and he was ready to furnish any further documents. The Court examined the submissions and directed the petitioner to approach the Director of Higher Education with the missing documents within four weeks. It further ordered that, upon receipt of a compliant application, the Director must decide on permanent affiliation within another four weeks, and the writ petition was thereafter disposed.
Issues considered
- Whether the State Government can lawfully deny permanent affiliation to a college despite a university recommendation.
- Whether the petitioner has fulfilled the documentary requirements under the affiliation checklist.
- Whether the court can direct the petitioner to submit additional documents and compel the authority to consider permanent affiliation.
Subjects
- affiliation
- higher education
- temporary affiliation
- permanent affiliation
- university recommendation
- writ petition
- education policy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11867 of 2025
======================================================
Pramod Prasad Son of Vindeshwar Yadav, Resident of village- Achhua, Police
Station - Dulhin Bazar, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Government of
Bihar, Patna.
3. The Director, Higher Education, Department of Education, Government of
Bihar, Patna.
4. The Registrar, Magadh University, Bodh Gaya at Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarva Deo Singh, Adv.
Mr. Sanjay Kumar, Adv.
For the Respondent/s : Mr. Government Pleader (19)
For the M.U. : Mr. Om Prakash Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
4 22-01-2026 Heard the parties.
2. The principal of the college sought a direction
seeking modification of the order contained in memo no. 2294
dated 28.05.2025 to the extent by which the State Government,
Department of Education has granted temporary affiliation for
the session 2025-29 and 2026-30 in different subjects of Arts
and Science at honors level.
3. This Court takes note of the fact that the college
was established in the year 2011 and on being found fulfilling
all the terms and condition, was granted affiliation for the
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session 2021-24. While granting the affiliation, the State has
directed the University to make recommendation for permanent
affiliation, in case the college in question fulfills the condition
of permanent affiliation. The University in response thereto,
after proper inspection, on being satisfied that the college fulfills
all the requirement for permanent affiliation, made a
recommendation after getting approval of the Senate under
memo no. 217 dated 19.03.2025. Notwithstanding the aforesaid
fact, the State Government, in the Department of Education, has
extended temporary affiliation to the college in question, which
gave cause of action in favour of the petitioner, who preferred
the present writ petition.
4. A counter affidavit has been filed on behalf of
respondent no. 1, 2 and 3. It is submitted that the proposal of the
University and documents attached thereto as per the checklist,
were examined by the State Government and on being found
from perusal of clause 9 and 10 of the said checklist that the
evidence regarding viability of the college and source of income
of the college for payment to its employee is not available
alongwith the recommendation of the University, accorded
approval for grant of temporary affiliation in different subjects
of Arts and Science for session 2025-29 and 2026-30 vide letter
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no. 2294 dated 28.05.2025. It has also been apprised to this
Court that as per the National Education of Policy, four years
degree course has been implemented in the State of Bihar and
accordingly the college is also required to modify its
infrastructure. Taking into consideration the aforesaid fact, the
State Government approved the proposal of the University and
granted temporary affiliation.
5. Mr. Sarva Deo Singh, learned Advocate for the
petitioner has refuted the aforesaid contention and submitted
that all the necessary documents including the documents as has
been pointed out in clause 9 and 10 of the checklist were
furnished to the University and as instructed, the same were sent
to the authorities of the State; nonetheless, the petitioner’s
college have been denied permanent affiliation. However, he
submits before this Court that if this is the reason for not
granting the permanent affiliation, the petitioner is always ready
to submit the necessary documents as required and noted in the
clause 9 and 10 of the checklist.
6. In view of the submissions advanced by learned
Advocate for the respective parties and on perusal of the
material, this Court grants liberty to the petitioner to approach
before the respondent no. 3 alongwith all the necessary
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documents, as pointed out in the checklist, besides other
necessary requisite documents, preferably within a period of
four weeks from today.
7. In case the petitioner submits an application
alongwith the order of this Court with the requisite documents,
the respondent no. 3 shall consider the same and pass
appropriate order with regard to permanent affiliation of the
college in question, within a further period of four weeks’, if the
college otherwise fulfills the condition.
8. The writ petition stands disposed off.
(Harish Kumar, J)
supratim/-
U
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