Patna High Court
Z. A. Islamia College, SiwanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The court found no reason to entertain the petition and dismissed it, noting that the university had already permitted the students to sit for the examinations and that the earlier mandate remains applicable.
Summary
The petitioner, Z. A. Islamia College, filed a writ seeking an order directing Jai Prakash University to upload details of its postgraduate students so they could sit for the 2023‑25 first‑semester examinations. The college, a minority institution protected under Article 30(2), alleged that despite furnishing the required data, the university failed to publish it, thereby hindering student participation. The university counter‑affidavit contended that it had already allowed the students to fill the examination form, sit for the exams and that results were declared, satisfying the college’s grievance. The court noted the earlier judgment in CWJC No. 17842 of 2016, which barred interference with the college’s admission process and emphasized that the university may require data for statutory compliance but cannot compel admission. Concluding that no further relief was warranted, the court closed the petition, cautioning the university to observe the earlier mandate.
Issues considered
- Whether the university is obligated to upload admission details of PG students to enable their examination participation.
- Whether the university can compel a minority college to furnish such data in view of Article 30(2) of the Constitution.
- Whether the earlier order in CWJC No. 17842 of 2016 precludes granting further relief.
Subjects
- Minority institution
- Article 30(2)
- University admission
- Writ petition
- Examination registration
- Statutory compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13324 of 2025
======================================================
Z. A. Islamia College, Siwan Its Professor-In- Charge, Md. Idris Alam, Male,
aged about 58 years, Son of Md. Sadiruddin Ahmad, resident of Sahebganj,
Champanagar, Basantpur, P.S.- Basantpur, District- Bhagalpur, Pin Code-
812004.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Bihar, Patna.
2. Director, Higher Education, Education Department, Bihar, Patna.
3. Jai Prakash University, Chapra through its Registrar.
4. Vice Chancellor, Jai Prakash University, Chapra.
5. Registrar, Jai Prakash University, Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhinav Shrivastava, Sr. Adv.
Mr. Md. Tauseef Waquar, Adv.
Mr. Akshat Kumar, Adv.
For the State : Mr. Ramadhar Singh, GP 25
For the JP University : Mr. Bindhyachal Rai, Adv.
=======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 08-01-2026
Heard Mr. Abhinav Shrivastava, learned Senior
Advocate representing the College in question and the learned
Advocate for the University as well as learned Advocate for the
State.
2. The grievance of the petitioner is in narrow
compass. The present writ petition has been filed seeking a
direction upon the respondent Jai Prakash University, Chapra to
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take all sincere steps and facilitate uploading the details
pertaining to the students admitted with the petitioner’s College
in the Post Graduate courses offered in different subjects, as
disclosed in the writ petition, so as to enable them to participate
in the Post Graduate 1st Semester Examination 2023, which was
scheduled to be started from 28.07.2025.
3. Learned Senior Advocate referring to the materials
available on record has submitted that in each and every
academic session the College in question is put to pressure and
directed to furnish the details of the students, irrespective of the
fact that the students having been admitted in different courses,
and information in this respect having been furnished to the
authorities of the University, the details pertaining to such
students are not being uploaded in the website of the University.
The petitioner had been earlier also compelled to come before
this Court for identical relief in CWJC No. 17842 of 2016,
which came to be disposed of on 09.11.2017; the relevant
extract of the judgment is quoted hereinbelow:
“The Court is informed at the Bar that the
admissions are complete for current academic
Session. This writ application, in that view of the
matter, is disposed of with a direction that the
University or the State Government shall not
interfere with the process of selection of students
for admission to U.G. or P.G. Courses being run in
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the College, which are admittedly not professional
courses, till such process is found to be fair,
transparent, based on merit and in conformity with
any regulation laying down the process of selection
for admission. The University, in view of the
discussion as above, cannot compel the College to
admit students as suggested and recommended by
it.”
4. In pursuant to the order of this Court, now a counter
affidavit has been filed on behalf of respondent Nos. 3 to 5. It
has been apprised to his Court that admittedly the petitioner’s
College is a minority college enjoying the protection under
Article 30(2) of the Constitution of India and the University
cannot interfere with their right to administer admission but the
University can require data for the purposes of registration,
examination and statutory compliance, without which students
cannot be formally recognized by the University. However, it is
submitted that the University taking into account the career of
the students permitted them to fill up the form for PG 1 st
Semester (2023-25) and participate in the examination and the
results have also been published. Thus, the grievance of the
College to this effect has been fulfilled.
5. Having considered the submissions set forth by
learned Senior Advocate/Advocate for the parties and taking
note of the averments made in the writ petition as well as the
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counter affidavit, this Court does not find any reason or
occasion to pursue with the present application. However, a
word of caution is given to the concerned University to keep in
mind the mandate of this Court passed in CWJC No. 17842 of
2016 in future.
6. The writ petition stands closed.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 12 .01.2026
Transmission Date
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