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Judgment
Heard Mr. Sunil Kumar Singh, learned Advocate for the petitioner, and learned Advocate for the State, University as well as learned Advocate for the Bihar School Examination Board.
Referring to the order under contempt, learned Advocate for the petitioner submitted that despite the application is filed for inspection of the College in question, to grant affiliation keeping in view the Institution was enjoying the privilege of permanent affiliation, till date no action has been taken. It is further contended that the Bihar School Examination Board was also required to take a fresh decision in the light of documents furnished by the petitioner on 29.01.2019 at the earliest, but the decision taken by the Bihar School Examination Board is not in compliance with the order of this Court.
A supplementary show cause affidavit has been filed on behalf of opposite party nos. 3 and 4 with a categorical averment that instead of complying with the specific direction contained herein and submitting a fresh application in the prescribed format along with the requisite documents and inspection fee, the Principal of the College addressed a letter dated 27.08.2019 to the Registrar of the University in a most casual and non-compliant manner. The said communication, in the submission of learned Advocate for the University did not constitute a fresh application in the prescribed format as required under the applicable statute and duly contemplated by the order of this Court.
Further, a separate show cause affidavit has been filed on behalf of opposite party nos. 5 and 6 with a further averment that the claim of the petitioner was reconsidered and rejected by Letter No. BSEB(SS)/College-Estab/1393/d-2023 dated 19.05.2023 by the Director (Academic), Bihar School Examination Board, Patna.
A bare perusal of the said letter dated 19.05.2023, it appears that the petitioner institution has been informed that in case the institution shall submit a fresh application in an appropriate format along with affiliation and inspection fee, his prayer shall be considered afresh.
Upon consideration of the materials available on record, especially the supplementary show cause affidavit filed by the University as well as the School Examination Board, this Court finds that the petitioner has failed to file a fresh application before the University for taking appropriate decision with regard to grant of affiliation and so far the claim of the petitioner before the Bihar School Examination Board is concerned, the same has already been turned down. However, liberty has been extended to him which has not been availed till date. In view thereof, this Court doesn't find any reason or occasion to continue with the present proceeding. Accordingly, the same stands closed.
However, the closure of the proceeding would not come in the way of the petitioner to file a fresh application in terms with the order of this Court dated 16.08.2019 before the University, as also to take appropriate action in the light of the order passed by Director (Academic), Bihar School Examination Board dated 19.05.2023.
With the aforesaid observation, the present contempt petition stands closed.