Patna High Court
Dharikshan Singh Teachers Training CollegeversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
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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
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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
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