As missing file delays constituent status, HC asks Bihar govt to take a call on 4-decade old college

The matter relates to Dwarka Nath College, Jatti Chak, Masaurhi, Patna, duly affiliated to Magadh University, Bodhgaya and recognized by the University Grants Commission. Subsequently, the College came under Patliputra University by a notification issued by the Education Department

The Patna high court has directed the Bihar government to take a final decision in accordance with law on granting constituent college status to a colleges, which was left out despite fulfilling conditions way back in 1986 and the matter remained pending for nearly four decades, as the file went missing, while other similarly situated colleges got the status.

Dwarka Nath College, Jatti Chak, Masaurhi, Patna (HT Photo)

“The State Government is bound to take a final decision in the matter of extending constituent status to the college within there months. Discrimination in any form is not permissible in a welfare state governed by the rule of law, which mandates uniformity in its action,” said the order.

The bench of Justice Harish Kumar directed the Additional Chief Secretary, Education Department, 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, 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.

The matter relates to Dwarka Nath College, Jatti Chak, Masaurhi, Patna, duly affiliated to Magadh University, Bodhgaya and recognized by the University Grants Commission. Subsequently, the College came under Patliputra University by a notification issued by the Education Department.

Higher education director NK Agarwal said that the matter has not been brought before him so far. “Appropriate decision will be taken in accordance with law and court’s ruling once the department gets the details,” he added.

The petitioners submitted that 36 Colleges were made constituent Colleges of different Universities in the year 1987, coupled with five more Colleges, which were taken up for consideration, including the Dwarka Nath College, under the scheme named IVth Phase Constituent Colleges (36+5 scheme).

“Out of the above mentioned five colleges, four were made constituent, under different universities, but final decision with respect to the one could not be taken as the file relating to the said college became untraced from the department. The chief minister had also acknowledged that the college fulfilled all the criteria and had ordered accordingly,” they contended.

With the State government all along intending to grant the college constituent status and the matter also evoking from the then education minister maintained that the case had been recommended and was pending before the Cabinet after the issue figured in the Bihar Vidhan Sabha and Vidhan Parishad, the court did not accept the state’s contention of “delay and latches” and there a poser “if a person can be deprived of his right solely due to the fact that the original file is lost in the department.”

“The loss 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,” the bench said citing Supreme Court order.