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2004 DIGILAW 1159 (PAT)

Gyan Murti v. State Of Bihar

2004-11-24

NARAYAN ROY

body2004
Judgment Narayan Roy, J. 1. Heard the petitioner in person and also learned counsel for the University and the State and considered the respective counter affidavits. 2. The petitioner has prayed for issuance of direction upon the respondents to issue certificate/degree of B.A. (Hons), as the petitioner has passed B.A. (Hons) examination from B.P.S College, Babhangame, Madhepura. 3. It is submitted by the petitioner that he was riot at all at fault, as he was allowed admission in the college in question and he passed (B.A. (Hons) examination, and, in that view of the matter, he is entitled for B.A. (Hons) degree. It is further submitted that the petitioner has also persecuted his higher studies in Law Course. 4. In the counter affidavit filed on, behalf of the University, it is stated that B.P.S College, Babhangama, Madhepura is not an affiliated college for degree course, and, therefore, in view of sec. 21 (2) (d) of the Bihar State Universities Act, 1976 (hereinafter to be referred to as "Act"), the petitioner is not entitled for B.A. (Hons) degree. 5. In support of his contention, learned counsel for the University has placed reliance upon an order passed by this Court, as contained in Annexure B, in CWJC No. 1283 of 2003 and also upon the order passed by this Court in LPA No. 35 of 2004, whereby and whereunder order passed by learned single Judge has been affirmed. 6. In CWJC No. 1283 of 2003, (Mohan Bahadur K.C. and Anr. V/s. State of Bihar and Ors.), this Court has held that since the college in question was not affiliated one and not approved by the State Government in terms of sec. 21 (2)(d) of the Act, the petitioners of that case cannot claim as a matter of right for issuance of certificate. 7. The order passed by the learned single Judge, as contained in Annexure B to the counter affidavit filed by the respondent University, has been affirmed in LPA No. 35 of 2004, vide order as contained in Annexure C. 8. It is not in dispute that the college in question is not an affiliated college and not duly approved by the State Government in terms of sec. 21 (2)(d) of the Act. 9. The petitioner, in this view of the matter, cannot claim as a matter of right for issuance of B.A. (Hons) degree by the University. 10. It is not in dispute that the college in question is not an affiliated college and not duly approved by the State Government in terms of sec. 21 (2)(d) of the Act. 9. The petitioner, in this view of the matter, cannot claim as a matter of right for issuance of B.A. (Hons) degree by the University. 10. For the reasons aforementioned, therefore, I do not find any merit in this writ application. 11. It is, accordingly, dismissed.