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Patna High Court

Akhtar HussainversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court directed the Director, Higher Education, Government of Bihar to consider and render a final decision on the college’s request for permanent affiliation in Persian within ten weeks.

Summary

The petitioner, an assistant professor at Mahila College, filed a writ petition seeking permanent affiliation for the Persian subject under B.R. Ambedkar Bihar University. The college had obtained permanent affiliation for other subjects but not Persian, despite having fulfilled qualifications and a prior court order in 2009 directing consideration of its request. Subsequent applications and a temporary affiliation were ignored, prompting further litigation. The university’s inspection team recommended affiliation in 2021, and the university forwarded this recommendation to the State Government in March 2022, but no decision was taken. The High Court, noting the pending recommendation and the State’s inaction, directed the Director of Higher Education to decide the college’s claim within ten weeks. The writ petition was thereafter disposed.

Issues considered

  • Whether the Director, Higher Education, Government of Bihar must grant permanent affiliation for the Persian subject as recommended by the university.
  • Whether the State’s delay violates the earlier court order directing consideration of the college’s affiliation request.
  • Whether the court can prescribe a time‑bound directive to the State authority to decide the affiliation matter.

Subjects

  • affiliation
  • higher education
  • university
  • permanent affiliation
  • writ petition
  • director higher education
  • court order compliance
  • state government

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3299 of 2021
                 ======================================================
                 Akhtar Hussain Son of Late Abdul Hafiz H.O.D Persian, M.N.M. Mahila
                 College, Bettiah, Resident of village- Ejra, P.s.- Sangrampur, District- East
                 Champaran

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Education Department,
                 Bihar, Patna
           2.    The B.R. Ambedkar Bihar University Muzaffarpur through its Registrar
           3.    The Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur
           4.    The Registrar, B.R. Ambedkar Bihar University, Muzaffarpur
           5.    The Chancellor of the University of Bihar Raj Bhawan, Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Ajay Kumar Singh, Adv.
                 For the Respondent/s   :      Mr. Shashi Shekhar Tiwary, Adv.
                 For the University     :      Mr. Indrajesh Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

5   22-01-2026                 Heard the parties.

                               2. At the outset, learned Advocate for the petitioner

                   seeks permission to make the Director, Higher Education,

                   Government of Bihar as a party respondent no. 6.

                               3. Permission is accorded.

                               4. Let the same be done in course of the day.

                               5. The petitioner who is presently posted and working

                   as Assistant Professor in Persian in Maheshwar Nath Mahamaya

                   Mahila College, has approached this Court seeking a direction

                   upon the respondents to grant permission and permanent

                   affiliation of Bachelor in Arts pass course as well as Honours
Patna High Court CWJC No.3299 of 2021(5) dt.22-01-2026
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          course in the subject of Persian of the College, in question,

          under B.R. Ambedkar Bihar University, Muzaffarpur.

                      6. It is submitted that the college got its permanent

          affiliation from the University in Arts in altogether sixteen

          subjects from academic session 1999-2000, excluding the

          Persian subject, vide letter no. 615 dated 27.04.2006. The

          college having furnished all the requisite qualification to get the

          affiliation in the subject of Persian had submitted application

          before the authority, but no action was taken, which compelled

          the college to file C.W.J.C. No. 14171 of 2009. The aforesaid

          writ petition came to be disposed off on 09.11.2009, with a

          direction to consider the request of the college. Despite the

          aforesaid fact, no decision was taken, which gave cause for

          filing M.J.C. No. 1062 of 2010 for non-compliance of the order

          of this Court. In the meanwhile, identically situated colleges

          who approached before the authorities concerned and in whose

          favour the recommendation was made, they have been extended

          permanent       affiliation.     While         the   matter   was   pending

          consideration before the Court in M.J.C. No. 1062 of 2010, the

          petitioners college had also been given temporary affiliation for

          three current session, but thereafter no decision has been taken

          with respect to permanent affiliation of the college in question
Patna High Court CWJC No.3299 of 2021(5) dt.22-01-2026
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          in the subject of Persian since 18.10.2014.

                      7. A counter affidavit has been filed on behalf of the

          University. It has been categorically stated that the college in

          question was duly inspected by the inspection team, who

          submitted its report on 20.12.2021, with recommendation for

          grant of affiliation in various subjects, including Persian. The

          recommendation of the inspection team was further placed

          before the various statutory bodies, including the New

          Programme Teaching and Affiliation Committee, the Academic

          Council, the Syndicate and the Senate. The recommendation

          was duly approved by all the statutory committees and finally

          the University recommended for grant of affiliation to the

          concerned college in various subjects including Persian, for the

          session 2022-25 and 2023-26 to the State Government vide

          letter no. B/480 dated 29.03.2022. However, the approval is yet

          awaited and no decision has been taken by the State authorities.

                      8. Having considered the submissions advanced and

          the materials available on record, specially the fact that the

          recommendation has already been made by the University way

          back in the year 2021, which is pending consideration before the

          State Government specifically since 29.03.2022, this Court

          directs the Director, Higher Education, Government of Bihar to
             Patna High Court CWJC No.3299 of 2021(5) dt.22-01-2026
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                       consider the claim of the petitioner’s college and take a final

                       decision, in accordance with law, keeping in mind the

                       recommendation made by the University, the copy of which is

                       marked as Annexure B and C to the counter affidavit, filed on

                       behalf of respondent nos. 2 to 4, preferably within a period of

                       ten weeks’ from the date of receipt/production of a copy of this

                       order.

                                   9. The writ petition stands disposed off.



                                                  (Harish Kumar, J)
supratim/-

U


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