The State Of Bihar vs Mahanth Shatanand Giri Harihar ...
2022 Latest Caselaw 2880 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Letters Patent Appeal No.26 of 2021
     ======================================================

1. The State of Bihar through the Principal Secretary, Department of Education, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Education, Govt. of Bihar, Patna.

3. The Director, Higher Education, Government of Bihar, Patna.

... ...Respondents-Appellants Versus

1. Mahanth Shatanand Giri Harihar Sanskrit College, Bodh Gaya through its Principal, namely, Arvind Kumar Pandey, aged about 59 years, (Male), son of Jai Naraiyan Pandey, Resident of Shiv Mandir, Rajapur, P.S. - Bodh Gaya, Dist. - Gaya.

... ... Petitioner-Respondent

2. Kameshwar Singh, Darbhanga Sanskrit University, Darbhanga through its Registrar.

3. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga.

4. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga.

... ... Respondents-Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Shashi Shekhar Tiwary, Advocate For the Respondent No.1 : Mr. Satyam Shivam Sundaram, Advocate For the University : Mr. Gyanand Roy, Advocate For the Intervenor : Mr. Ambarish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Patna High Court L.P.A No.26 of 2021 dt.17-05-2022

Date : 17-05-2022

Heard the learned counsel for the parties.

2. An application has been filed on behalf of

an intervenor, namely, Mahant Ramesh Giri @ Ramesh

Giri, who professes to be the present Mahant of Bodh-Gaya

Math, Bodh-Gaya, which is the parent body and under

whose aegis, the college in question was established.

3. Mr. Ambarish Kumar, the learned

Advocate moving the intervention application has simply

submitted that he is required to be heard as he supports

the case of the respondent/college.

4. For the reason that the prayer made in

the intervention application is not in contrast with the case

of the respondent/college, we do not consider it necessary

to get the response of the parties with respect to the

averments made in the intervention application.

5. The intervenor/petitioner is permitted to

participate in the proceedings, which he has.

6. The State has preferred this appeal

against the order dated 23.08.2019 passed by the learned Patna High Court L.P.A No.26 of 2021 dt.17-05-2022

Single Judge in C.W.J.C. No. 17283 of 2019, directing the

State to grant temporary affiliation to the

respondent/college so that in the meantime, the vacant

position with respect to the sanctioned strength of teachers

would be filled up and the Institution/College in question,

which is about ninety years old, is not prevented from

being run properly.

7. From the perusal of the order impugned,

it appears that notwithstanding the fact that the college in

question was listed in the Bihar Gazette on 09.10.1963,

the affiliation to the college was refused. The

respondent/college could get temporary affiliation only with

the intervention of this Court in the past.

8. The Deputy Director, Department of

Education vide his communication dated 11.07.2019,

rejected the claim of the respondent/college for its

entitlement for affiliation on the ground that the land on

which the college is situated is not registered in the name

of the college but is registered in the name of Harihar

Sanskrit Pathsala, Bodh-Gaya and that out of the Patna High Court L.P.A No.26 of 2021 dt.17-05-2022

sanctioned strength of ten teachers, only six had been

working.

9. The aforesaid decision of the Government

was put to challenge in the aforesaid writ petition (C.W.J.C.

No. 17283 of 2019), wherein it was urged that the name

of the Institution had been changed in recent past which

was known to the University and the State and that could

not had been the reason for withholding grant of affiliation

when the Institution had been running for the last nine

decades.

10. It was also urged before the learned

Single Judge that because of the Institution not being

affiliated, no selection committee was constituted by the

University for recommending the appointment of teachers

on the vacant posts.

11. The learned Single Judge acceded to the

aforesaid reasoning and rightly so by holding that it is a

conundrum and because of the inaction of the State in

granting affiliation, necessary number of teachers against

the sanctioned strength were not being appointed. Patna High Court L.P.A No.26 of 2021 dt.17-05-2022

12. The learned Single Judge also took note

of the fact that no Educational Institution in the present

days are running with full strength and the aforesaid

ground which is not solely attributable to the

respondent/college, could not be used against the

Institution for denying affiliation.

13. It appears that the learned Single Judge

was conscious of the decision of the Full Bench of this

Court in Braj Kishore and the provisions contained in

Sections 35 and 21 (2) (d) of the Bihar State Universities

Act, 1976, but the case of the respondent/college was

absolutely different.

14. The learned counsel for the appellants

has submitted that without necessary infrastructure and

the Institution having conformed to other requirements, the

learned Single Judge was not correct in directing for

granting temporary affiliation for which there is no

provision under the Bihar Universities Act, 1976.

15. It has also been submitted that the State

Government had re-visited the parameters of Resolution Patna High Court L.P.A No.26 of 2021 dt.17-05-2022

No. 2291 of 18.10.1976 meant for Sanskrit Colleges,

established prior to the said resolution.

16. In the case of the respondent/college, it

was found that the land stood in the name of Harihar

Sanskrit Pathsala, Bodh-Gaya in which name, all the

receipts were being granted.

17. With respect to taking a different stand

regarding different colleges especially Goswami Laxminath

Madhusudan Sanskrit College, where temporary affiliation

was given pursuant to an order of this Court, it has been

argued on behalf of the appellants that the aforesaid

college did not meet the requirement of sufficient number

of teachers only and taking into account that such vacant

positions could be filled only when affiliation is granted, it

was granted temporary affiliation.

18. It has, thus, been urged on behalf of the

appellants that the case of the respondent/college and of

Goswami Laxminath Madhusudan Sanskrit College is

different.

19. As opposed to the aforesaid contention, Patna High Court L.P.A No.26 of 2021 dt.17-05-2022

Mr. Satyam Shivam Sundaram, the learned counsel for the

respondent/college has submitted that in view of Section

79 of the Bihar State Universities Act, 1976, all Sanskrit

colleges and Institutions which were being run before the

commencement of the Kameshwar Singh Darbhanga

Sanskrit University Act, 1962 and was recognized by the

Bihar Sanskrit Association, would be deemed to have been

admitted to the University on the commencement of the

Act.

20. It has further been submitted that the

Syndicate and the Senate of the University vide its decision

dated 17.12.2021 and 18.12.2021 agreed that the college

in question deserved to be given the affiliation as it was

established in the year 1930 and had been affiliated to

Bihar & Orissa Sanskrit Association for imparting education

upto the level of Shastri and Acharya in the year 1934.

21. Taking all these facts into account, the

University sent a recommendation on 13.04.2022 to the

Principal Secretary, Education Department for taking a

decision with respect to affiliation of the Patna High Court L.P.A No.26 of 2021 dt.17-05-2022

respondent/college.

22. It has also been brought to the notice of

this Court by the learned counsel for the

respondent/college that the name of this college finds

mention in the list of Sanskrit Institutions which were in

existence up-till 31st of March, 1952, which list was

published by Sanskrit Association, Bihar, Patna. The

Institution is also listed in the Gazette Notification of 1963.

23. In view of the aforesaid facts and

Section 79 of the Universities Act, the learned counsel for

the respondent/college has submitted that the State has

not performed its statutory function and has also not

followed the directions of this Court and has raised an

illusory distinction for refusing affiliation to the

respondent/college.

24. We find the refrain of the learned

counsel for the respondent/college to be absolutely

justified.

25. The last of the affidavits filed on behalf

of the appellants merely indicates that because the land is Patna High Court L.P.A No.26 of 2021 dt.17-05-2022

not registered in the name of the Institution, therefore,

affiliation cannot be granted to the respondent/college for it

not fulfilling all the parameters of infrastructure.

26. We must say, this is only a repetition of

the earlier ground which has got no basis.

27. The State appears to be cherry-picking

between Institutions or else, such a distinction would not

have been spelt out in the case of the respondent/college.

28. We have also taken notice of the

assurance given by Mr. Sundaram before the predecessor

Division Bench that he shall be furnishing an undertaking

that no third party rights shall be created on the land and

that necessary measures shall be taken for getting the

name of the college mutated over the land on which it

stands.

29. There ought not to be any difficulty for

the State to accept this undertaking and not be captious in

not following the direction of the learned Single Judge.

30. We do not find any reason to interfere

with the order of the learned Single Judge, directing for Patna High Court L.P.A No.26 of 2021 dt.17-05-2022

grant of temporary affiliation and the University to

constitute a committee for recommending the appointment

on the vacant position and, thereafter, take a final decision

with respect to permanent affiliation.

31. The entire exercise ought to be

completed within a period of three months.

32. The appeal is dismissed with the

aforesaid directions.

33. I.A., if any, also stands disposed off.

(Ashutosh Kumar, J)

(Anjani Kumar Sharan, J) Praveen-II/-

AFR/NAFR                AFR
CAV DATE                N/A
Uploading Date          20.05.2022
Transmission Date       N/A