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Patna High Court

Dharikshan Singh Teachers Training CollegeversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The impugned order rejecting the college’s affiliation without reasons is set aside, and the writ petition is allowed, directing a fresh order within eight weeks.

Summary

The Dharikshan Singh Teachers Training College sought a direction for recognition and affiliation of its B.B.A., B.C.A., and B.Lib. courses for the 2025‑26 session, challenging a government letter that rejected its application without providing reasons. The Court noted that a similar petition (CWJC No.8509 of 2025) had been decided earlier, where the rejection was held illegal for lacking any explanation as required by the guidelines in Letter No.1140 dated 18.06.2014. The Court reiterated that failure to state specific deficiencies violates natural justice and renders the order perverse and illegal. Consequently, the impugned order dated 22.05.2025 was set aside and the writ petition was allowed on the same terms as the earlier case. The matter was remitted to the Additional Chief Secretary, Department of Higher Education, to issue a fresh order within eight weeks, reflecting the university’s recommendation and AICTE approval.

Issues considered

  • Whether the rejection of the college’s application for recognition and affiliation without stating specific reasons violates principles of natural justice.
  • Whether the impugned order is liable to be set aside for being perverse and illegal.
  • Whether the court can direct the State to pass a fresh order granting recognition and affiliation for the proposed courses.

Subjects

  • recognition
  • affiliation
  • higher education
  • natural justice
  • procedural fairness
  • AICTE
  • Bihar
  • teachers training college

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8744 of 2025
     ======================================================
     Dharikshan Singh Teachers Training College Kulharia, Ara, Bhojpur, Bihar,
     through its Secretory, Sidhnath Singh, Son of Late Dharikshan Singh, aged
     about 65 years (Male), Resident Mohalla- Club Road, Ara, Post- Ara, P.S.-
     Nawada, District- Bhojpur, Bihar.

                                                                ... ... Petitioner/s
                                      Versus

1.   The State of Bihar through the Secretary, Department of Higher Education,
     Government of Bihar, Patna.
2.   The Secretary, Department of Higher Education, Government of Bihar,
     Patna.
3.   The Director, Department of Higher Education, Government of Bihar, Patna.
4.   Veer Kunwar Singh University, Ara, 802301 (Bihar).
5.   All India Council for technical Education through its Member Secretary,
     Nelson Mandela Marg Vasant Kunj, New Delhi - 110070.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Ajay Dutt Mishra, Adv.
                                  Mr.Amarjeet Choudhary, Adv.
     For the State          :     Mr. AC to AG
     For the AICTE          :     Ms. Archana, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                         ORAL JUDGMENT
     Date : 29-01-2026
               Heard the parties.

                  2. The petitioner, a Teachers Training College, through

      its Secretary, has approached this Court seeking a direction upon

      the respondents, especially respondent nos. 2 and 3, to grant

      recognition in its favour for commencing B.B.A., B.C.A. and

      B.Lib. courses for the academic session of 2025–26 and further

      to direct the respondent-University to issue an affiliation letter

      for B.B.A., B.C.A. and B.Lib. Courses. The petitioner also
Patna High Court CWJC No.8744 of 2025 dt.29-01-2026
                                           2/5




         sought quashing of the letter No. 15/A-3-06/2024 dated

         22.05.2025 issued under the signature of Deputy Secretary,

         Government of Bihar, where the recommendation made by the

         Affiliation Committee of the University for approval of

         affiliation of the concerned courses was illegally rejected

         without assigning any reason.

                    3. Narrating the facts as stated in the writ petition,

         learned Advocate for the petitioner submitted that identical issue

         had come up before this Court in CWJC No. 8509 of 2025,

         where the petitioner had also questioned the identical letter

         bearing No. 15/A 3-01/2024 dated 19.05.2025 issued under the

         signature of the Deputy Secretary, Department of Education,

         Government of Bihar, whereby the application for recognition

         of the aforesaid courses came to be rejected by the Government.

         The writ petition was finally heard and allowed on 08.01.2026

         and the identical order as noted hereinabove came to be set

         aside.

                    4. Learned Advocates for the State and the University

         though supported the action of the respondents, however, did

         not confront with the position that the identical matter has come

         come up for consideration before this Court in CWJC No. 8509

         of 2025 which came to be allowed vide order dated 08.01.2026.
Patna High Court CWJC No.8744 of 2025 dt.29-01-2026
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                    5. Before parting with the case, it would be pertinent to

         quote the relevant paragraphs of the order dated 08.01.2026:

                         “9. Upon hearing the learned Advocates for the
                         respective parties, this Court primarily took note of
                         the fact that there is no dispute with regard to the
                         recommendation made by the University in favor of
                         the petitioner-institution after proper physical
                         verification, upon due approval of Syndicate and
                         Senate. Once the recommendation has been made
                         in    favor     of      the   petitioner-institution,   the
                         respondent-State is obliged to inform the petitioner
                         as to which requirement is falling short of or not
                         being fulfilled by the petitioner-institution as
                         prescribed in the guidelines contained in Letter
                         No.1140 dated 18.06.2014, in absence of which the
                         recognition could not have been granted. Failure
                         to do so would make the order vulnerable to
                         challenge being perverse, illegal and suffers from
                         obvious non-application of mind.


                         10. On perusal of the impugned order, it is manifest
                         there is no discussion, much less any reason, as to
                         which of the requisites requirement(s), as noted in
                         the guidelines attached to letter no. 1140 dated
                         18.06.2014, was not fulfilled by the petitioner-
                         institution. The petitioner institution has every
                         right to know the reason for disagreement, besides
                         the requirement which has not been fulfilled by it,
                         once the recommendation made by the Affiliation
Patna High Court CWJC No.8744 of 2025 dt.29-01-2026
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                         Committee of the University has been turned down.


                         11. The Court time and again underscored that
                         absence of sound reason is not mere irregularity
                         but patent illegality. The impugned order lacks
                         reasons for rejection of the claim of the petitioner-
                         institution for recognition, and as such, this Court is
                         left with no option but to set aside the impugned
                         order dated 19.05.2025 as contained in letter
                         no.15/A 3-01/2024. Accordingly, the writ petition is
                         hereby allowed. Interlocutory Application No.1 of
                         2025 also stands allowed.”

                    6. Having considered the submissions advanced by the

         learned Advocates for the respective parties and taking note of

         the legal position, this Court deems it fit and proper to allow the

         present writ petition on identical terms as has been passed in

         CWJC No. 8509 of 2025. Accordingly, the impugned letter

         dated 22.05.2025 contained in letter No. 15A/A 3-06/2024 is

         hereby set aside.

                    7. Writ petition stands allowed. I. A. No. 1 of 2025 also

         stands allowed. The matter is relegated to the Additional Chief

         Secretary, Department of Higher Education, Government of

         Bihar, Patna to pass a fresh order in the light of the

         recommendation made by the University as well as the approval

         granted by the AICTE, preferably within a period of eight weeks
             Patna High Court CWJC No.8744 of 2025 dt.29-01-2026
                                                        5/5




                      from the date of receipt/production of a copy of this order, in

                      accordance with law.

                                 8. Needless to observe that if the petitioner- institution

                      lacks any requirement for recognition, the order must disclose

                      the same in specific terms.



                                                  (Harish Kumar, J)

Anjani/-
AFR/NAFR
CAV DATE
Uploading Date            30 .01.2026
Transmission Date


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