Ram Sharan Singh Evening College vs Magadh University, Bodh Gaya, ...
2023 Latest Caselaw 3766 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.22809 of 2018
     ======================================================

Ram Sharan Singh Evening College, Delha, through its Principal Amarkant Kaushik, son of Srichand Sharma, resident of village - Balwapar, P.O. - Sinduari, P.S.- Gauharpur, District - Gaya, Bihar, Pin Code - 824207.

... ... Petitioner Versus

1. Magadh University, Bodh Gaya, Through Its Registrar, P.O. & P.S.-

Bodh Gaya, District - Gaya, State - Bihar.

2. The Vice-Chancellor, Magadh University, P.O. and P.S.- Bodha Gaya, District - Gaya.

3. The Registrar, Magadh University, P.O. and P.S. - Bodh Gaya, District

- Gaya.

4. The Inspector of Colleges (Science), Magadh University, P.O. and P.S.-Bodh Gaya,District -Gaya.

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

For the Petitioner/s : Mr.Gyanand Roy, Advocate Mr.Shailendra Kumar Singh, Advocate For the Respondent/s : Mr.Harsh Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date : 17-08-2023

I.A. No. 01 of 2019

Learned counsel for the petitioner submits that this

interlocutory application has become infructuous.

2. In the aforesaid view of the matter, this

interlocutory application is disposed of as having become

infructuous.

3. Heard learned counsel for the petitioner and

learned counsel for the Magadh University, Bodh Gaya and it's Patna High Court CWJC No.22809 of 2018 dt.17-08-2023

authorities.

Reliefs prayed

4. Petitioner, in the present writ application, is

seeking the following reliefs:-

"I. For quashing of the letter no. 158/Gr. III-B/18 dated 19.7.18 issued under the signature of Inspector of Colleges (Science) Magadh University, P.O. & P.S. Bodh Gaya, as contained in Annexure - P/1 by which the petitioner's Colleges has been directed to deposit Rs. 3,20,000/- (Three Lakhs Twenty Thousand) through Bank Draft in the name of Registrar of the Magadh University, as Inspection fee in addition to the amount of Rs. 1,35,000/- (One Lakh Thirty Five Thousand) deposited earlier by the petitioner's Colleges for the said purpose.

II. For holding that the direction to deposit Rs. 3,20,000/-(Three Lakhs Twenty Thousand) as an additional amount as inspection fee for the inspection of the college of the petitioner, in addition to the amount of Rs. 1,35,000/- is illegal, arbitrary and unjust.

III. For commanding respondent Magadh University and its authorities to inspect the petitioner college for the purpose of extension of the affiliation of the college in Art, Science and Commerce faculty in accordance to the order dated 14.08.2018 passed by this Hon'ble High Court in C.W.J.C. No. 10174/2018. IV. For any other relief or reliefs to which the petitioner College is found to be entitled in the facts and circumstances of the present case."

A true copy of the impugned letter No. 158/G III B/18 dated 19.07.2018 is being annexed herewith and marked as Patna High Court CWJC No.22809 of 2018 dt.17-08-2023

Annexure P/1 to this application."

Brief facts and submissions on behalf of the Petitioner

5. Learned counsel for the petitioner submits that the

petitioner college was established in the year 2009. The college

was inspected on 17.11.2010 to evaluate the infrastructure of the

college for granting affiliation in Science faculty upto B.Sc.

Pass and Honours Courses. The inspection committee of the

University submitted it's report to the University on 29.11.2010

making recommendation for temporary affiliation for the

science subjects upon fulfillment of the conditions mentioned in

the report for the next session.

6. Learned counsel submits that the college was

granted temporary affiliation for three academic sessions i.e.

2010-2011, 2011-2012 and 2012-2013 vide Annexure 'P/3' to

the writ application. It is stated that before the affiliation could

have lapsed, the petitioner being Principal of the college

submitted an application for extension of affiliation to the

Inspector of Colleges, Arts and Commerce as well as to the

Registrar, Magadh University vide letter no. 94/12 dated

24.12.2012 (Annexure 'P/4' to the writ application). The

Magadh University vide it's letter dated 25.04.2013 submitted Patna High Court CWJC No.22809 of 2018 dt.17-08-2023

proposal for the affiliation of the petitioner college to the State

Government and upon consideration the State Government

solicited certain information in respect of the petitioner colleges.

7. It is further stated that by Memo No. 87 dated

13.01.2014 the proposal for granting affiliation was rejected by

the State Government on the ground that the college was not

fulfilling the conditions laid down in the letter no. 1098 dated

19.04.1986. Under these circumstances and upon the advise

received by the Universities from the concerned department to

send fresh recommendations, the petitioner submitted a fresh

proposal for inspection of the colleges claiming that the college

now fulfills the deficiency which were pointed out earlier. In

this regard, specific statements have been made in paragraph

'12' and '13' of the writ application saying that the petitioner

college had deposited a sum of Rs. 4 Lakhs in account of the

Magadh University as security deposit. It was in excess by Rs.

1,25,000/-, therefore, the University directed to refund the said

amount to the college.

8. It is the case of the petitioner that after submission

of the documents, the Inspector of colleges Arts and Commerce,

Magadh University by it's letter dated 14.01.2015 (wrongly

typed as 14.12.2015) directed the Principal of the petitioner Patna High Court CWJC No.22809 of 2018 dt.17-08-2023

college to deposit an amount of Rs. 95,000/- through Bank Draft

in the name of the Registrar, Magadh University. The petitioner

complied with the said direction. Again, the petitioner was

directed to deposit an additional amount of Rs. 35,000/- for the

Inspection of the college which was also complied with by the

petitioner. The specific statements in this regard have been made

in paragraph '17', '18' and '19' of the writ application.

9. It is stated that the University constituted an

inspection team earlier vide letter dated 23.03.2015 (Annexure

'P/12') but again another inspection team was constituted vide

letter dated 16.06.2015 (Annexure 'P/13'). Despite constitution

of inspection team twice, the college was not inspected,

therefore, the college filed a writ petition being C.W.J.C. No.

10174/2018 for a direction to the respondent Magadh University

to conduct inspection for purpose of granting affiliation to the

petitioner college. The said writ application was disposed of

vide order dated 14.08.2018 (Annexure 'P/14') with a direction

to the respondent University to ensure that the application of the

petitioner is dealt with according to the time frame fixed in the

case of Dr. Ram Pramod Thakur and another Vs. The State of

Bihar and Ors. (CWJC No. 4660/2017). Learned counsel

submits that the order of this Court passed in CWJC No. Patna High Court CWJC No.22809 of 2018 dt.17-08-2023

10174/2018 was not complied with. The petitioner has filed a

contempt application which is still pending in this Court.

10. It is submitted that during pendency of the

C.W.J.C. No. 10174/2018 the Inspector of College (Science)

directed the petitioner vide impugned letter No. 158 dated

19.07.2018 to deposit an additional amount of Rs. 3,20,000/- as

inspection fee in addition to the amount of Rs. 1,35,000/-

already deposited by the petitioner college.

11. It is submitted that in course of hearing of

C.W.J.C. No. 10174/2018, a counter affidavit was filed on

behalf of the University but in the said affidavit there was no

whisper about the requirement to deposit the additional amount

of Rs. 3,20,000/- as amount of inspection fee rather a statement

was made that the inspection team constituted for inspection of

Arts, Commerce and Science faculty and the report of the

inspection committee is awaited till date.

12. In the aforementioned background, the demand of

additional amount of Rs. 3,20,000/- has been challenged by the

petitioner college.

13. Let it be recorded that in course of hearing of the

present writ application, for sake of consideration of an interim

relief the petitioner was ready to deposit the amount of Rs. Patna High Court CWJC No.22809 of 2018 dt.17-08-2023

3,20,000/- subject to result of the writ application for purpose of

conduct of inspection of the Institution.

Stand of the University

14. Mr. Harsh Singh, learned counsel for the Magadh

University submits that the demand of Rs. 3,20,000/- was made

because during the intervening period from the year 2015 to

2018 the inspection fee was enhanced to Rs. 1,50,000/- per

stream w.e.f. 09.02.2017. The petitioner college has applied for

affiliation in streams of Arts, Science and Commerce, therefore,

it was required to deposit an additional amount of Rs.

3,20,000/-.

No explanation for not carrying the Inspection

15. The counter affidavit of the University is

completely silent as to why despite deposit of the required

document with the requisite fee at the relevant time and

constitution of two inspection teams, the college of the

petitioner was not inspected. It is not denied that the specific

direction of this Court issued in C.W.J.C. No. 10174/2018 vide

order dated 14.08.2018 has not been complied with . The only

stand of the University is that the petitioner did not deposit an

additional amount as per the impugned letter, hence, the college

was not inspected.

Patna High Court CWJC No.22809 of 2018 dt.17-08-2023

16. Mr. Harsh Singh, learned counsel for the

University admits at the Bar that he has no explanation as to

why the college was not inspected for about two years prior to

enhancement of the inspection fee by the University. Learned

counsel has rather taken a plea that there is a delay on the part of

the petitioner in moving this Court in the year 2018 as during

the intervening period of 2015-2018, the petitioner did not make

any representation.

17. Today, learned counsel has placed before this

Court a copy of the letter No. 1962 dated 15.09.2021 issued by

the Education Department, Government of Bihar addressed to

all the Registrars of the Universities (except Patna Univeristy)

wherein it is stated that in compliance of the judgment of this

Court passed in C.W.J.C. No. 4660/2017 (Dr. Ram Pramod

Thakur and another Vs. The State of Bihar and Others) the

Universities shall analyze all the proposals received from the

degree colleges and will receive online applications till

18.10.2021 and send the same to the competent authority with

their approval by 15.01.2022 online. It is submitted that now in

view of this letter the entire procedure is to be done online and

no other mode of proposal shall be accepted. Learned counsel

submits that in view of the aforesaid requirement now the Patna High Court CWJC No.22809 of 2018 dt.17-08-2023

petitioner college be directed to make fresh proposal online with

requisite fee.

Consideration

18. Having heard learned counsel for the petitioner

and the University as also on perusal of the records, this Court is

of the considered opinion that the respondent University has not

at all offered any explanation for not conducting the inspection

of the college in the year 2015, even as the University

constituted inspection teams twice vide Annexure 'P/12' and

'P/13' to the writ application. There is also no denial of the fact

that in C.W.J.C. No. 10174/2018 the University had made a

statement that inspection team has been constituted for purpose

of carrying inspection of Arts, Commerce and Science faculty

and the report of the inspection team is awaited. It is evident

that the University had enhanced the rate of inspection fee with

effect from 07.09.2017, but when the said writ application was

being considered, the University did not raise any plea of non-

deposit of additional amount of Rs. 3,20,000/- by the petitioner

as a reason for not carrying the inspection of the Institution.

Contrary to the plea which is being taken in this writ

application, the plea in the earlier case was that an inspection

team has been constituted and the report of the inspection team Patna High Court CWJC No.22809 of 2018 dt.17-08-2023

is awaited.

19. This Court has already taken on record the

submission of learned counsel for the University wherein he

does not offer any explanation for not conducting the inspection

of the college. This Court is, therefore, unable to comprehend as

to how the University may be allowed to take a plea that the

petitioner came in writ application after a substantial delay of

three years. This argument is not open to the University because

there is an admitted fault on their part and inaction writs large

on the face of there being no explanation from them. The fact is

that there is a direction of this Court to the University to abide

by the time frame fixed in the case of Dr. Ram Pramod Thakur

and Another and to apply the same in the case of the petitioner

also.

20. This Court, therefore, finds that the impugned

demand raised by the University vide letter no. 158/GIII B/18

dated 19.07.2018 as contained in Annexure 'P/1', if allowed to

exist it will only confer premium over the own negligence and

inaction on the part of the University. This Court would,

therefore, not allow the impugned demand to exist, the same

being hit by the principle of estoppel and contrary to it's stand in

C.W.J.C. No. 10174 of 2018 is liable to be held arbitrary. The Patna High Court CWJC No.22809 of 2018 dt.17-08-2023

University cannot insist for payment of an additional amount of

Rs. 3,20,000/- by the petitioner.

21. The impugned letter as contained in Annexure

'P/1' is hereby set-aside.

22. As regards the submission of Mr. Singh, learned

counsel for the University that by virtue of government's letter

no. 1962 dated 15.09.2021 now all proposals are to be taken on

the portal of the department online, this Court finds that it is

only a matter of procedure and there should not be any difficulty

on the part of the petitioner as well as the University in putting

the pending proposal on the portal of the State Government,

however, in case such application online requires deposit of

additional fee or a fee as existing today, that will be a difficulty

on the part of the petitioner in making online application.

23. In the given facts and circumstances of the case,

since this writ application is of the year 2018 and it remained

pending consideration, the right which has accrued to the

petitioner cannot be taken away by citing the new procedures

which has been brought in force in the year 2021. The

procedural technicality cannot be allowed to come in the way in

the facts of this case. The procedures as laid down by letter

dated 15.09.2021 would not apply in case of the petitioner and Patna High Court CWJC No.22809 of 2018 dt.17-08-2023

the application of petitioner which is lying with the University is

to be treated in accordance with the procedures which were in

existence at the relevant time.

24. This Writ Application is, therefore, allowed with

a direction to the University to ensure that the inspection of the

college be conducted within a period of six weeks from today

and further needful action be taken in accordance with the

requirements of law for grant of affiliation to the petitioner

college within another six weeks.

25. Since this Court has noticed the un-explained

delay on the part of the University and the circumstances

compelling the petitioner to move this Court, this Court deems it

just and proper to direct the University to pay a cost of litigation

of Rs. 15,000/- to the petitioner payable within four weeks from

today.

26. This Writ Application stands disposed of

accordingly.

(Rajeev Ranjan Prasad, J) Rajeev/-

AFR/NAFR
CAV DATE
Uploading Date             18.08.2023
Transmission Date