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Patna High Court
Jai Prakash Singh And Anr vs The State Of Bihar And Ors on 9 February, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14227 of 2013
======================================================
1. Jai Prakash Singh and Anr Son Of Late Sarbanand Singh Resident Of Vill.
and P.O. Jat Dumri, P.S. Punpun, Dist. Patna
2. Siddheshwar Singh Son of Late Basudeo Singh Resident Of Vill. and P.O.
Bhadoura, P.S. Masaurhi, Dist. Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Department of Human Resource Development,
Government of Bihar, Patna
3. The Principal Secretary, Department of Education, Government of Bihar,
Patna
4. The Principal Secretary, Department of Finance, Government of Bihar, Patna
5. Magadh University, Bodhgaya, Through The Vice-Chancellor
6. The Patliputra University through its Registrar.
7. The Vice-Chacnellor, Patliputra University, Patna.
8. The Registrar, Patliputra University, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chakrapani, Advocate
Mr. Dipak Kumar, Advocate
For the State : Mr. Sunil Kr. Mandal, SC- 3
Mr. Bipin Kumar, AC to SC- 3
For the P.P.U. : Mr. Rana Vikram Singh, Advocate
Ms. Rasika Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 09-02-2026
Heard Mr. Chakrapani, learned Advocate with Mr.
Dipak Kumar, learned Advocate for the petitioner, Mr. Sunil
Kumar Mandal, learned Advocate for the State and Mr. Rana
Vikram Singh, learned Advocate for the Patliputra University.
Patna High Court CWJC No.14227 of 2013 dt.09-02-2026
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2. The petitioners are teaching and non-teaching
employees of Dwarka Nath College, Jatti Chak, Masaurhi,
Patna, duly affiliated to Magadh University, Bodhgaya and
recognized by the University Grants Commission. Subsequently,
the College stood transferred to Patliputra University in terms
with the notification issued by the Education Department,
Government of Bihar, Patna.
3. Invoking the jurisdiction of this Court, the
petitioners are seeking a direction upon the respondent
authorities to declare the College, in question, a constituent
College of Magadh University, Bodh Gaya (now Patliputra
University) in pursuance of the decision having been taken by
the State Government way back in the year 1987-88.
4. It is submitted that 36 Colleges were made
constituent Colleges of different Universities in the year 1987,
coupled with five more Colleges were taken up for
consideration, including the College, in question, under the
scheme named as IVth Phase Constituent Colleges (36+5
scheme). Out of the above mentioned five Colleges, whose
cases were taken up along with 36 Colleges under the IVth
Phase Constituent Colleges, four were made Constituent, under
different University, but final decision in respect of the present
Patna High Court CWJC No.14227 of 2013 dt.09-02-2026
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College, in question, could not be taken as the file relating to the
said College became traceless from the department.
5. Mr. Chakrapani, learned Advocate for the
petitioners taking this Court through the relevant extracts of the
proceeding relating to the College, in question, submitted that in
the year 1987 itself, while the matter relating to grant of
Constituent status to the College was under consideration, the
then Chief Minister acknowledged the fact that the College, in
question along with other four Colleges, besides 36 Colleges has
fulfilled all the criteria and had ordered accordingly. However,
to the utter shock and surprise, the notification could be issued
in respect of only four Colleges, because the original file
relating to the College, in question, appears to have become
traceless. The question regarding declaration of college as
constituent was brought before the Assembly in the year 2006
and the Aswashan Committee (Education Department) of Bihar
Legislative Council informed that the matter remained pending
before the respondent State Government, although
recommendation has been made for declaration of the College,
in question, as a constituent college.
6. The matter again travelled to the Chief Minister,
who got an opinion from the learned Advocate General, Bihar,
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who opined in favour of granting constituent college status to
the college, in question. The Department of Human Resources
Development as well as the Department of Education positively
considered the case of the College, in question and gave their
approval to proceed and the matter was placed before the
Finance Department. The details of the financial aid as required
to be given to the College, in question, has also been provided.
Despite the aforesaid exercise carried out at the level of the
highest rung of the State, the matter has not been placed before
the Cabinet. Again the question regarding declaring the College,
in question, as a constituent college was raised in the Assembly
in the 2013. Subsequently, the then Education Minister,
accepting the fact that recommendation has already been made
and the matter is pending before the Cabinet, requested the
College, in question, to take its case before the Justice S.C.
Agrawal Commission in pursuance of the direction of the
Hon'ble Apex Court in S.L.P. No. 12591 of 2010.
7. Adverting to the aforesaid facts, learned
Advocate for the petitioner further submitted that the materials
available on record clearly indicate that the State Government
all along intended to make the College, in question, a
constituent college. In the meanwhile, other similarly situated
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Colleges have been made constituent, way back in the year
1987; except the college in question on the ground of non-
availability of its file and pending litigation before the Hon'ble
Supreme Court, which in no manner relates to the College, in
question.
8. This Court is also apprised that the Principal of
the College, in question, had also approached this Court in
C.W.J.C. No. 12106 of 2018 commanding the respondent State
to either declare the College, in question, a constituent unit of
Patliputra University or to declare the College as a deficit grant
college entitled to all the benefits granted by the State to such
similarly situated institution, which were granted affiliation by
the State Government prior to 09.12.1982 i.e. the date on which
Vit Rahit Shiksha Niti was notified by the State Government.
The prayer was also made for payment of all the arrears of
admissible dues to the teaching/non teaching employees, besides
some more prayer.
9. The learned Single Judge having considered the
submissions of the learned Advocate for the petitioner and the
materials available on record and without going into the merit of
the case disposed of the same with a direction to the petitioner
to file a detailed representation before the Principal Secretary,
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Department of Education, Government of Bihar.
10. A counter affidavit has been filed on behalf of
the State authorities (respondent nos. 2 and 3). Primary
objection has been raised that the writ petition is fit to be
dismissed on the ground of delay and laches. However, it is
admitted that the State Government vide its letter no. 202 dated
19.08.1986
notified 36 affiliated colleges as constituent college
under different Universities and further the then Chief Minister
of Bihar announced on different dates to declare other four
Colleges as a constituent college, to that effect notifications
were issued in the year 1987. Since the matter of validity of
teaching and non-teaching employees of 4th phase constituent
colleges travelled up to the Hon'ble Supreme Court in Civil
Appeal No. 6098 of 1997 [(2005) 9 SCC 129] and the Hon'ble
Supreme Court constituted Justice SC Agrawal Commission to
examine the validity of appointments of the employees of the 4 th
phase constituent colleges. Accordingly, the Commission
submitted a detailed report. Some of the aggrieved persons
again raised the question regarding the validity of absorption,
which gave rise to S.L.P. No. 12591 of 2010; in pursuance of
which Hon'ble Justice S.B. Sinha Commission was constituted.
Further report has been submitted by the Justice S. B. Sinha
Patna High Court CWJC No.14227 of 2013 dt.09-02-2026
Commission and thereafter several contempt applications came
to be filed. It is further submitted, yet another set of incumbents,
whose claims were dismissed by the Hon'ble S.B. Sinha
Commission has again travelled upto the Hon'ble Supreme
Court.
11. Besides the aforesaid contention, it is
specifically submitted that the department is not in a position to
explain the exact reason as to why final decision was not taken
in respect of the College, in question, as all the original file of
Colleges were seized by the Vigilance Department. However,
unless a formal order be issued, the announcement of the Chief
Minister cannot be implemented. Now presently, the State
Government vide its resolution, as contained in Memo No. 1846
dated 21.11.2008 has decided to abolish the non-aided education
policy and to provide grant to affiliated colleges, according to
the performance of the students in the examination in the
particular college. The college, in question, is getting
performance based grant in view of the aforesaid decision.
12. Reliance has also been placed on a Bench
decision of this Court in the case of Bijoy Bahadur Sharma Vs.
The State of Bihar & Bihar & Ors., reported in, 2008 (4) PLJR
547 that a person must approach the Court within a reasonable
Patna High Court CWJC No.14227 of 2013 dt.09-02-2026
time.
13. Mr. Sunil Kumar Mandal, learned Advocate for
the State finally contended that it is not viable for the State
Government to take decision after lapse of about 37 years to
declare the College into a Constituent unit when the matter of
absorption of valid appointed employees of 40 colleges is still
under consideration before the Hon'ble Supreme Court.
14. Mr. Rana Vikram Singh, learned Advocate for
the Patliputra University, informed this Court that the answering
University was established on 18.03.2018 and thereafter the
College, in question, came under the aegis of the answering
University as an affiliated College. The instant writ petition was
filed before the establishment of the answering University and
thus request has been made to the Magadh University to supply
the relevant records of the College, in question, however, the
same is still awaited. It is further contended that the process of
declaring a College, as a constituent college, is a policy decision
and based upon the discretion of the State Government and the
concerned Department.
15. This Court has considered the submissions
advanced by the learned Advocate for the respective parties and
taken note of the materials available on record.
Patna High Court CWJC No.14227 of 2013 dt.09-02-2026
16. Coming to the issue with regard to the stale
claim of the petitioners, the materials available on record clearly
suggests that the decision regarding grant of constituent status
was all along pending with the Government and lastly the
question regarding declaring the College, in question, as a
constituent college was raised in the Assembly in the year 2013,
upon which the Education Minister accepted the fact that
recommendation has already been made for grant of constituent
status to the College, in question, and the matter is pending
before the Cabinet. Hence this Court does not find any delay in
view of the fact that the writ petition was filed long back in the
year 2013 itself. Furthermore, the Principal of the College has
also approached this Court in C.W.J.C. No. 12106 of 2018,
which came to be disposed of on 12.12.2024 with a direction to
the Principal Secretary, Department of Education, Government
of Bihar to look into the matter.
17. The question for consideration before this Court
is as to whether a person can be deprived of his right solely due
to the fact that the original file is lost in the Department?
18. It is the admitted position that the College, in
question, based on the recommendation of the University, was
granted affiliation by the State Government on 06.12.1982, prior
Patna High Court CWJC No.14227 of 2013 dt.09-02-2026
to coming into force Vit Rahit Siksha Niti w.e.f. 09.12.1988.
Despite, the College, in question, qualifying in all respect along
with other four Colleges in whose favour the notification was
issued in the year 1987 itself, leaving the fate of the collage, in
question, in lurch only because the record relating to the
College, in question, was lost.
19. This Court is not oblivious of the settled legal
position that the notings in a note file do not have behind them,
the sanction of law as an effective order, as has been held in the
case of State of Bihar & Ors. Vs. Kripalu Shanker, reported in,
AIR 1987 SC 1554. Nonetheless, from the notings appended to
the writ petition, it appears that the State Government all along
intended to declare the college, in question, to be a constituent
college, but the notification could not be issued on the ground of
non-availability of file. Hence, in any circumstances, the
Department was obliged to reconstruct the file and proceed
further in the matter. It is trite that lose of a file does not
automatically mean a loss of undelaying legal right. Because of
the fault on the part of the State, the teaching and non-teaching
employees of the State cannot be made to suffer. The State is not
allowed to treat differently even in the matter of distribution of
largess and bounty, as held out by the Hon'ble Supreme Court in
Patna High Court CWJC No.14227 of 2013 dt.09-02-2026
the case of Ramana Dayaram Shetty Vs. International Airport
Authority of India and Ors., reported in 1979 AIR 1628. The
question posed hereinabove, answered accordingly.
20. In view of the aforesaid facts, in the opinion of
this Court, the State Government is bound to take a final
decision in the matter of extending status to the College, in
question, as a constituent college. Discrimination in any form is
not permissible and the State being a welfare State governed by
the rule of law, which mandates uniformity in its action. Hence,
this Court directs the Additional Chief Secretary, Education
Department, Government of Bihar to call for the relevant
records of the College, in question, and in case reconstruction of
record is required, the same be done; and on being satisfied with
the contention of the petitioners noted hereinabove, place the
matter before the State Government for final decision in
accordance with law, keeping in mind the case of the petitioners'
is based on parity with other four Colleges, which has been
given status of a Constituent College.
21. It is expected that the afore noted exercise must
be carried out within a period of three months from the date of
receipt/production of a copy of this order.
Patna High Court CWJC No.14227 of 2013 dt.09-02-2026
22. Accordingly, the writ petition stands disposed
of.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 19.02.2026
Transmission Date NA
