Patna High Court
Exalt CollegeversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that the petitioner may file a fresh representation before the university Registrar, who must dispose of it within the prescribed period, and the Registrar may be joined as a respondent.
Summary
The petitioner, Exalt College, filed a writ application seeking a mandamus directing the Vice‑Chancellor of Baba Sahab Bhim Rao Ambedkar Bihar University to open admission portals for its BBA and BCA courses, based on AICTE‑approved intake. The college offered to file a fresh representation before the university Registrar and requested that the Registrar be added as a respondent. The respondents raised no objection to the limited prayer. The Court, noting the procedural nature of the relief, granted liberty to the college to file the representation within a week and directed the Registrar to decide on it within two weeks, providing a hearing, and to issue a reasoned order. The Court also allowed the Registrar to be added as a respondent. The writ application was consequently disposed of with these directions.
Issues considered
- Whether the Court can direct the university Registrar to entertain a fresh representation and decide it within a stipulated time.
- Whether the Registrar may be added as a respondent in the writ proceeding.
Subjects
- writ of mandamus
- higher education
- AICTE
- university admission
- representation
- procedural direction
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3206 of 2026
======================================================
Exalt College VPO Kanauli, Hazipur, Mahua Road, Hajipur, District-
Vaishali, Bihar-848112, through its Chairman, Sri Dipak Kumar, male, aged
about 52 years, son of Sri Bhuneshwar Sahu, resident of Exalt Tower, R-6,
West Uttam Nagar, District- West Delhi-110059.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Government of
Bihar, Patna.
3. The Director, Department of Higher Education, Government of Bihar, Patna.
4. The Chancellor, Universities of Bihar, Governor's House, Patna.
5. The Vice Chancellor, Baba Sahab Bhim Rao Ambedkar Bihar University,
Muzaffarpur.
6. The Coordinator College Development Council (CCDC), Baba Sahab Bhim
Rao Ambedkar Bihar University, Muzaffarpur.
7. The All India Council for Technical Education (AICTE), Government of
India, New Delhi.
8. The Registrar, Baba Sahab Bhim Rao Ambedkar University Muzaffarpur,
Bihar .
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Adv.
Mr. Manoj Kumar Gupta, Adv.
Ms. Shubhra, Adv.
Mr. Sanjay Singh, Adv.
Mr. Ghanshayam, Adv.
For BRABU University : Mr. Bindhyachal Rai, SC-20
For the State : Mr. Rajendra Kumar Giri, SC-20
Mr. Mahtab Alam, AC to SC-20
For the AICTE : Ms. Archana, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 30-03-2026 Heard learned counsel for the petitioner, learned
counsel for Baba Sahab Bhim Rao Ambedkar Bihar University,
Muzaffarpur, learned counsel for All India Council for Technical
Education and learned counsel for the respondents-State.
Patna High Court CWJC No.3206 of 2026(2) dt.30-03-2026
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2. With the consent of the parties the present writ
application is disposed of at this stage itself.
3. In the present writ application the petitioner has
prayed for the grant of following reliefs:
“A) To issue a writ in the nature of
mandamus commanding and directing
Respondent No- 5, The Vice Chancellor,
Baba Sahab Bhim Rao Ambedkar Bihar
University, Muzaffarpur, for opening
portal for admission/examination of
students of BBA and BCA Course in
pursuance to representation dated Amn-7
Ann-18.08.2025(Ann:7) and
representation dated 05.01.2026 (Ann.8)
for BBA/BCA course for students of
Petitioners Exalt College in terms of
intake approval by AICTE.
B) Any other relief/s, which this
Hon'ble Court may deem fit and proper in
the facts and circumstances may also be
granted.”
4. After advancing some argument, learned counsel
for the petitioner submits that for seeking the aforesaid relief,
the petitioner is prepared to file a fresh representation before the
Registrar of Baba Sahab Bhim Rao Ambedkar Bihar University,
Muzaffarpur and further submits that an appropriate direction be
issued to the Registrar of the respondent University to dispose
of the representation, which would be filed by the petitioner
within a fixed time frame, after giving an opportunity of hearing
Patna High Court CWJC No.3206 of 2026(2) dt.30-03-2026
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to the petitioner.
5. In the array of respondents the Registrar of Baba
Sahab Bhim Rao Ambedkar Bihar University, Muzaffarpur has
not been made a party. Petitioner seeks permission of this Court
to add the Registrar of Baba Sahab Bhim Rao Ambedkar Bihar
University, Muzaffarpur as a party respondent no.8.
6. To the aforesaid prayer being made by learned
counsel for the petitioner college, learned counsel appearing for
the respondents parties do not have any objection.
7. Considering the limited nature of prayer being
made by learned counsel for the petitioner college, the present
writ application is disposed of granting liberty to the petitioner
college to file a fresh representation before the Registrar of
Baba Sahab Bhim Rao Ambedkar Bihar University,
Muzaffarpur, within a week from today. If such a representation
is filed, the Registrar of the respondent University shall dispose
of the same within further period of two weeks from the date of
receipt of the representation, after giving an opportunity of
hearing to the petitioner college.
8. Needless to emphasize that the final order which
shall be passed by the Registrar of Baba Sahab Bhim Rao
Ambedkar Bihar University, Muzaffarpur shall be a reasoned
Patna High Court CWJC No.3206 of 2026(2) dt.30-03-2026
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and speaking order. It is further clarified that if the petitioner
college is found entitled to the relief, which the petitioner
college would be claiming through the representation, then the
same should be extended within a further period of four weeks.
9. Learned counsel appearing for petitioner college is
permitted to add the Registrar of Baba Sahab Bhim Rao
Ambedkar Bihar University, Muzaffarpur as party respondent
no.8 during the course of the day.
10. With the aforesaid observation, direction and
liberty granted the present writ application stands disposed of.
Pending I.As, if any will be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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