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Patna High Court

Exalt CollegeversusThe State of Bihar

Decided
Disposal
DISPOSED

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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