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Patna High Court

Swami Karamdeo Purushotam Giri Sanskrit Mahavidhyalay, MaharajganjversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court directed that the petitioner may file a fresh representation before the Secretary, Higher Education, within one month, and that the Secretary must dispose of it within three months with a reasoned order.

Summary

The petitioner, Swami Karamdeo Purushotam Giri Sanskrit Mahavidhyalay, sought a writ directing the Bihar Higher Education authorities and Kameshwar Singh Darbhanga Sanskrit University to grant permanent affiliation to its college and allow its students to sit for examinations pending the petition. The petitioner offered to file a fresh representation before the Secretary, Higher Education, and requested the court to order the authority to dispose of that representation within a fixed time. The respondents raised no objection to this approach. The court, with the parties' consent, disposed of the writ by granting the petitioner liberty to file the representation within one month and directing the Secretary to decide it within three months, issuing a reasoned order. It further directed that any relief granted in the representation be implemented within three months of the final order. All pending interlocutory applications were deemed disposed.

Issues considered

  • What relief, if any, can be granted by the court to compel the Higher Education Department to grant permanent affiliation to the petitioner’s college?
  • Whether the petitioner’s students can be permitted to appear for examinations pending the resolution of the affiliation matter.
  • Whether the authority must dispose of the petitioner’s representation within a stipulated time frame.

Subjects

  • affiliation
  • higher education
  • writ jurisdiction
  • permanent affiliation
  • representation
  • reasoned order
  • examination eligibility

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3805 of 2026
                 ======================================================
                 Swami Karamdeo Purushotam Giri Sanskrit Mahavidhyalay, Maharajganj
                 through its Secretary Mr. Sanoj Kumar aged about 54 years, Gender- Male,
                 Son of Late Chhote Lal Gupta, Resident of Village- Purnai Bazar, P.O.
                 Maharajganj, District- Siwan.

                                                                              ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Principal Secretary, Human Resources
                 Department, Govt. of Bihar, Patna.
           2.    The Secretary, Higher Education, Govt. of Bihar, Patna.
           3.    Deputy Secretary, Higher Education, Govt. of Bihar, Patna.
           4.    The Director, Higher Education, Govt. of Bihar, Patna.
           5.    The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University,
                 Darbhanga.
           6.    The Registrar,         Kameshwar   Singh   Darbhanga     Sanskrit   University,
                 Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mrs.Mahasweta Chatterjee, Adv.
                                                Mr.Samir Kumar Sinha, Adv.
                 For the Respondent/s     :     Mr.Standing Counsel (21)
                                                Mr.Binay Kumar Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   18-06-2026                      Heard learned counsel for the petitioner, learned

                   counsel appearing for the respondent-State and learned counsel

                   appearing for the Kameshwar Singh Darbhanga Sanskrit

                   University.

                                 2. With the consent of both the parties, this writ

                   application is being disposed of at this stage itself.

                                 3. In the present writ application, the petitioner has

                   prayed for the grant of following reliefs:
Patna High Court CWJC No.3805 of 2026(2) dt.18-06-2026
                                            2/3




                                    “i. That an appropriate writ may be
                          issued commanding upon the respondent nos. 2 to
                          4 to grant permanent affiliation to the petitioner
                          college on the basis of the recommendation of the
                          University immediately without any delay.
                                    ii. That an appropriate writ may be
                          issued commanding upon the respondent authority
                          to allow the students of the petitioner's college to
                          appear at examination after filling of firm and
                          other procedures during the pendency of the writ
                          petition.
                                    iii. Any other relief / reliefs the petitioner
                          is found entitled to.”

                       4. After advancing some argument, learned counsel

          for the petitioner submits that for seeking the aforesaid reliefs,

          the petitioner is prepared to file a fresh representation before the

          Secretary, Higher Education, Govt. of Bihar, Patna (respondent

          no. 2) and prays that an appropriate direction be issued to the

          Secretary, Higher Education, Govt. of Bihar, Patna to dispose of

          the representation of the petitioner within a fixed time frame,

          after giving an opportunity of hearing to the petitioner-College.

                       5. To the aforesaid submission being made by learned

          counsel for the petitioner, learned counsel appearing for the

          respondent-State and the respondent-University do not have any

          objection.

                       6. Considering the limited nature of prayer being

          made by learned counsel for the petitioner, this writ application

          is disposed of granting liberty to the petitioner to file a fresh
           Patna High Court CWJC No.3805 of 2026(2) dt.18-06-2026
                                                       3/3




                     representation before the Secretary, Higher Education, Govt. of

                     Bihar, Patna within one month from today. If such a

                     representation is filed within the stipulated time, the same shall

                     be disposed of within a period of three months from the date of

                     receipt of the representation, after giving an opportunity of

                     hearing to the petitioner.

                                 7. Needless to emphasize that the final order which

                     shall be passed by the Secretary, Higher Education, Govt. of

                     Bihar, Patna should be a reasoned and speaking order. It is

                     further made clear that in case, the petitioner is found entitled to

                     the relief which the petitioner would be claiming through the

                     representation, the same should be extended to the petitioner

                     within a further period of three months from the date of passing

                     of the final order.

                                 8. With the aforesaid observation/direction and liberty

                     granted, this writ application is disposed of. All pending

                     interlocutory application(s), if any, shall also be deemed to have

                     been disposed of.



                                             (Alok Kumar Sinha, J)
kundan/-

U


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