Facts
The petitioner-college, through its Chairman, sought a direction requiring the respondent authorities to consider its application for permanent affiliation in degree courses in the Faculties of Arts, Science and Commerce for the academic session 2026–2030.
Source reference: para. 2The college had previously applied for permanent affiliation, and a three-member inspection team constituted by Jai Prakash University had inspected the college; however, no further action was taken, resulting in the loss of the 2025–2029 academic session.
Source reference: para. 3–4The college thereafter submitted a fresh application through the State Government portal for the 2026–2030 session. The University constituted another inspection team through Memo No. 5191(R) dated 30 April 2026, but the inspection had not been conducted by the time of the writ petition.
Source reference: para. 5The petitioner apprehended that further delay would cause it to lose the 2026–2030 academic session as well and relied on the guidelines stated to have been laid down by the Division Bench in LPA No. 1404 of 2018.
Source reference: para. 6The University submitted that the inspection would be conducted in accordance with the applicable rules, regulations and guidelines.
Source reference: para. 7Issues
Whether the University should be directed to conduct the inspection of the petitioner-college expeditiously pursuant to the inspection team constituted by Memo No. 5191(R) dated 30 April 2026, so that the college does not lose the 2026–2030 academic session.
Source reference: para. 5, 8Whether, after inspection, the matter should be forwarded to the competent State authority for a final decision on the college’s application for permanent affiliation in accordance with the applicable rules, regulations and guidelines.
Source reference: para. 8–9Law Applied
The Court applied the principle that applications for permanent affiliation must be processed in accordance with the applicable university rules, regulations and governmental or judicial guidelines governing inspection and affiliation.
Source reference: para. 7–9The Court also took note of the guidelines stated to have been laid down by the Division Bench of the Patna High Court in LPA No. 1404 of 2018 concerning the grant of permanent affiliation.
Source reference: para. 6The judgment did not decide the college’s substantive eligibility for permanent affiliation; rather, it required the University to undertake the procedural inspection and forward its report to the competent State authority for the final decision.
Source reference: para. 8–9Reasoning
The Court noted that the University had already constituted an inspection team but had failed to conduct the inspection, despite the petitioner’s earlier loss of an academic session due to delay.
Source reference: para. 4–5Since the University itself represented that the inspection would be carried out in accordance with the governing rules and guidelines, the Court considered it appropriate to direct the Registrar to ensure that the pending inspection was conducted expeditiously.
Source reference: para. 7The Court did not itself assess the college’s infrastructure or determine whether permanent affiliation should be granted; it confined its intervention to preventing administrative inaction and ensuring that the statutory and regulatory process was completed in time.
Source reference: para. 8–9Holding
The writ petition was disposed of with a direction to the Registrar of Jai Prakash University to take appropriate steps for conducting the inspection of the petitioner-college pursuant to Memo No. 5191(R) dated 30 April 2026.
The inspection was directed to be carried out, preferably within two weeks, after which the inspection report was to be forwarded to the concerned State authority for taking a final decision on the college’s application for affiliation for the 2026–2030 session and thereafter, in accordance with law.
Source reference: para. 9No order granting permanent affiliation was made by the Court; the relief was limited to expeditious processing of the application.
Source reference: para. 10Original Court PDF
Pandit Ujjwal Kumar Mishra Foundation College (Evening), Chapra, SaranvsThe State of Bihar
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