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2003 DIGILAW 57 (JHR)

Bokaro Steel Mines College v. State Of Jharkhand

2003-01-13

TAPEN SEN

body2003
ORDER Tapen Sen, J. 1. At the outset when the case was called out, Mr. H.K. Mehta, learned counsel for the petitioner prayed that the Secretary, Department of Higher Education be allowed to be impleaded as respondent No. 5. Let him do so during the course of the day. 2. Heard Mr. H.K. Mehta, learned counsel for the petitioner and Mr. A.K. Chaturvedi, learned counsel for the respondent Nos. 2 to 4. 3. The petitioner in the instant case has prayed for issuance of a writ of man-damus commanding upon the respondents to grant affiliation to the petitioner institution as according to the petitioner, all fees etc. have been paid, inquiry by the Inspector of Colleges is complete. 4. In the instant case, a counter affidavit has been filed on behalf of the respondent Nos. 2 to 4 through its Registrar and at paragraph 9, it has inter alia been contended that the college in question was first inspected on 29.6.1985 for affiliation in B.A. and B.Com up to the pass standard. The Committee recommended grant of affiliation in B.A. and B.Com Pass Course for three years with effect from 1984-85 and a letter to that effect was sent to the Government of Bihar which was also approved by the Government granting affiliation for three years from 1984-85. 5. It has again been stated at paragraph 8 that the second inspection of the college for extention of affiliation was made on 29.1.1988 for three more years and a letter to that effect was sent to the Government but this time the Government did not send any letter of approval for extension but 3rd inspection was again made for extension on 2.10.1993, but again the Government did not send any approval. The University has further stated that the College has again applied for affiliation on 4.6.2001 and that the matter is under process. 6. In that view of the matter and considering the fact that it is the State Government which has to finally examine the claim, this matter, on agreement of parties, is hereby remanded to the newly added respondent No. 5 who shall take up the matter in right earnestness and dispose off the same by a speaking order in accordance with law within a period of four months from the date of receipt of a copy of this order. Let it be recorded that this Court has not entered into merit of the parties but has passed the aforesaid direction upon the newly added respondent so that he is able to deal with the matter strictly in accordance with law. 7. With the aforementioned observations and directions this writ petition stands disposed off.