JUDGMENT : N.P. Singh, J. The petitioner has invoked the writ jurisdiction of this Court for a direction to the respondents-The State of Bihar and the vice-Chancellor, Bihar-University, to grant affiliation to the petitioner-college in the faculty of education and to allow the students of the college to appear at B. Ed. Examination of the University. 2. It has been asserted that as the college was established by minority community, it should be granted affiliation by the University so that students pursuing B. Ed. course can appear at the Examination of the University. It is said that the State Government on 14th January, 1978, declared the college to be a minority institution and it has been granted affiliation in courses of studies other than faculty of education. 3. The petitioner had earlier filed a writ application (C.W.J.C. No. 1784 of 1981) which was allowed on 19.8.1981 and this Court directed the authorities of the University to hold an inspection of the college in respect of faculty of education and if the conditions for affiliation were fulfilled, the college should be granted affiliation in respect of faculty of education. Pursuant to that ORDER :, a committee was constituted by the University. The Board of Inspectors submitted a report, not recommending affiliation of the petitioner-college in the faculty of education because, according to the committee, the requisite conditions had not been fulfilled. On the basis of the report of the committee, the State Government passed an ORDER :dated 11.3.1983 saying that after consideration of the report submitted by the Board of Inspectors, a decision has been taken that no affiliation be granted to the petitioner-college in respect of faculty of education and the students thereof should not be allowed to appear at the B. Ed. Examination. 4. Being aggrieved by the aforesaid decision of the State Government the present writ application was filed which was dismissed in limine on 11.5.1985. Thereafter the petitioner filed an appeal (Civil Appeal No. 8265 of 1983) before the Supreme Court which was disposed of on 12.9.1984. The Supreme Court directed this Court to admit the writ application and to dispose of the same on merit. It may be pointed out that during the pendency of the appeal before the Supreme Court Mr. Thereafter the petitioner filed an appeal (Civil Appeal No. 8265 of 1983) before the Supreme Court which was disposed of on 12.9.1984. The Supreme Court directed this Court to admit the writ application and to dispose of the same on merit. It may be pointed out that during the pendency of the appeal before the Supreme Court Mr. Justice Wasiuddin, a retired Judge of this Court was appointed as a Special Officer to submit a report in respect of the college in question. He submitted his report to the Supreme Court. The Supreme Court while disposing of the appeal have the following direction:- “As the decision regarding affiliation has to be taken by the University and the Government, it will not be proper for us to examine the materials at this stage. We, therefore, remit the case to the High Court for considering the question of affiliation according to law, mainly on the basis of the Inspection Report which the Government has got from the University or any other relevant material as also the report of the Special Officer filed in this Court. We, therefore, set aside the ORDER :of the High Court dismissing the writ petition summarily.” 5. On behalf of the petitioner it Will urged that there bas been undue delay by the State Government while considering the question of grant of affiliation in the faculty of education and the State Government should have passed ORDER :in respect thereof as the petitioner-college fulfils all the requisite conditions for grant of affiliation. 6. On behalf of the respondents it was pointed out that as the committee appointed by the University after inspection bad not recommended affiliation in faculty of education, the State Government had no option but to reject the application for affiliation. It was also pointed out the after coming into force of the Bihar Non-Government Physical Training Colleges and Non Government Teachers Training Colleges and Non-Government Primary Teachers Education College (Control and Regulation) Second Ordinance 1980 any private Teacher's Training College cannot be established or maintained without prior permission of the State Government. Even in respect of minority institutions unless affiliation is granted by the University the students of such institution cannot appear at the Teachers' Training Examinations held by the University. For grant of affiliation the college has to fulfil the conditions prescribed by the laws of the University. Even in respect of minority institutions unless affiliation is granted by the University the students of such institution cannot appear at the Teachers' Training Examinations held by the University. For grant of affiliation the college has to fulfil the conditions prescribed by the laws of the University. In view of the series of JUDGMENT :s, there cannot be any dispute that even minority institutions seeking affiliation in different faculties of the University have to fulfil the prescribed conditions and only thereafter student from such institutions can appear at the examinations held by the University. But, in the instant case, in view of the direction given by the Supreme Court, the question whether affiliation should be granted or not has to be reexamined. 7. In my opinion whether a particular college fulfils the conditions for grant of affiliation in a particular faculty hat to be examined primarily by the University and the State Government who have been entrusted with the exercise of the said power by the framers of the Act. This Court of course can interfere if it is found that the affiliation is being denied to a particular institution because of any oblique motive which can be held to be either malice in fact or in law. 8. Accordingly, I direct the respondents to reconsider the question of granting affiliation in faculty of education in the light of the directions given by the Supreme Court. While considering the question aforesaid, apart from other materials, the respondents shall take note of the report of the Special Officer appointed by the Supreme Court a directed by the Supreme Court. The decision whether affiliation should be granted in the faculty of education or not be taken within four months from today. 9. An application had been filed on behalf of Tahir Hussain-Intervenor petitioner making a prayer to add him as a respondent to this application. The said intervenor-petitioner is cbal1enging the right of Sri M.H. Ahmad Ghani to represent the petitioner-college. As was observed by the Supreme Court in the ORDER :aforesaid, we are also not deciding the dispute as to who is the competent authority to represent the college in question. That may be decided at any other appropriate forum. 10. This writ application is, accordingly, disposed of. 11. Let a copy of this ORDER :be given to the learned Government Pleader No. 1 for communication to the concerned authorities. That may be decided at any other appropriate forum. 10. This writ application is, accordingly, disposed of. 11. Let a copy of this ORDER :be given to the learned Government Pleader No. 1 for communication to the concerned authorities. Application disposed of with observation.