IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.13540 of 2010
1. BIHAR COLLEGE OF PHARMACY NEW BAILEY ROAD, PATNA
THROUGH ITS CHAIRMAN , RAJENDRA KUMAR , S/O LATE
CHANDESHWAR PRASAD SINGH , R/O VILL CHATARU, P.S.ATRI, DISTT-
GAYA
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCIENCE & TECHNOLOGY GOVERNMENT OF BIHAR,
VISHWESHWARIYA BHAWAN, PATNA
2. THE DIRECTOR OF TECHNICAL EDUCATION GOVT. OF BIHAR,
VISHWESHRAIYA BHAWAN CAMPUS, BAILEY ROAD, PATNA-800015
3. ALL INDIA COUNCIL FOR TEACHER EDUCATION THROUGH ITS
CHAIRMAN 7TH FLOOR, CHANDER LOK BUILDING , JANPATH, NEW
DELHI-110001
4. THE REGIONAL OFFICER COMMITTEE, ALL INDIA COUNCIL FOR
TEACHER EDUCATION NORTHERN REGIONAL COMMITTE GOVT.
POLYTECHNIC CAMPUS, ADJOINING, DTE, VIKAS NAGAR, KANPUR-
208024
5. MAGADH UNIVERSITY BODH GAYA THROUGH ITS REGISTRAR
6. THE VICE CHANCELLOR MAGADH UNIVERSITY, BODH GAYA
7. THE REGISTRAR MAGADH UNIVERSITY, BODH GAYA
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For the Petitioner:- Mr. Arun Kumar, Adv.
For the Respondent:- Mr. Anil Kumar Sinha, S.C.6
For the A.I.C.T.E.:- Mr. S.N. Pathak, Adv.
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2. 28.10.2010 Heard learned counsel for the petitioner,
the State and the Magadh University as also for
A.I.C.T.E.
The petitioner institution is stated to have
been granted recognition and permission by the
A.I.C.T.E. for the Sessions 2008-09, 2009-10 and
2010-11 to take admissions in the discipline of M.
Pharm. (Pharmaceutics) on an intake capacity of 10,
10 and 18 respectively. Affiliation from the Magadh
University is wanting because of which the
institution is not in a position to take admission and
2
commence course.
The petitioner institution is stated to have
take admission for the Session 2009-10. This Court
finds no infirmity in the same up to the intake
capacity if the Magadh University has been found
wanting for granting affiliation in time. Applying the
analogy in the discussion contained in the order of
the Supreme Court reported in 2006(9) SCC 1 (State
of Maharastra Vs. Sant Dnyaneshwar Shikshan
Shastra Mahavidyalaya & Ors.) the A.I.C.T.E. being
an expert and competent body to decide standard of
education, the Magadh University has little choice in
the matter so long as the recognition and permission
by the A.I.C.T.E. subsists.
Mandamus is issued to the respondent
Magadh Univeristy to grant necessary affiliation in
accordance with law within a maximum period of
one month from the date of receipt/production of a
copy of this order.
The writ application stands allowed.
P. Kumar ( Navin Sinha, J.)