Patna High Court
Akhtar HussainversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
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
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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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