IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13540 of 2010 1. BIHAR COLLEGE OF PHARMACY NEW BAILEY ROAD, PATNA THROUGH ITS CHAIRMAN , RAJENDRA KUMAR , S/O LATE CHANDESHWAR PRASAD SINGH , R/O VILL CHATARU, P.S.ATRI, DISTT- GAYA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF SCIENCE & TECHNOLOGY GOVERNMENT OF BIHAR, VISHWESHWARIYA BHAWAN, PATNA 2. THE DIRECTOR OF TECHNICAL EDUCATION GOVT. OF BIHAR, VISHWESHRAIYA BHAWAN CAMPUS, BAILEY ROAD, PATNA-800015 3. ALL INDIA COUNCIL FOR TEACHER EDUCATION THROUGH ITS CHAIRMAN 7TH FLOOR, CHANDER LOK BUILDING , JANPATH, NEW DELHI-110001 4. THE REGIONAL OFFICER COMMITTEE, ALL INDIA COUNCIL FOR TEACHER EDUCATION NORTHERN REGIONAL COMMITTE GOVT. POLYTECHNIC CAMPUS, ADJOINING, DTE, VIKAS NAGAR, KANPUR- 208024 5. MAGADH UNIVERSITY BODH GAYA THROUGH ITS REGISTRAR 6. THE VICE CHANCELLOR MAGADH UNIVERSITY, BODH GAYA 7. THE REGISTRAR MAGADH UNIVERSITY, BODH GAYA ----------- For the Petitioner:- Mr. Arun Kumar, Adv. For the Respondent:- Mr. Anil Kumar Sinha, S.C.6 For the A.I.C.T.E.:- Mr. S.N. Pathak, Adv. ---------------- 2. 28.10.2010 Heard learned counsel for the petitioner, the State and the Magadh University as also for A.I.C.T.E. The petitioner institution is stated to have been granted recognition and permission by the A.I.C.T.E. for the Sessions 2008-09, 2009-10 and 2010-11 to take admissions in the discipline of M. Pharm. (Pharmaceutics) on an intake capacity of 10, 10 and 18 respectively. Affiliation from the Magadh University is wanting because of which the institution is not in a position to take admission and 2 commence course. The petitioner institution is stated to have take admission for the Session 2009-10. This Court finds no infirmity in the same up to the intake capacity if the Magadh University has been found wanting for granting affiliation in time. Applying the analogy in the discussion contained in the order of the Supreme Court reported in 2006(9) SCC 1 (State of Maharastra Vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya & Ors.) the A.I.C.T.E. being an expert and competent body to decide standard of education, the Magadh University has little choice in the matter so long as the recognition and permission by the A.I.C.T.E. subsists. Mandamus is issued to the respondent Magadh Univeristy to grant necessary affiliation in accordance with law within a maximum period of one month from the date of receipt/production of a copy of this order. The writ application stands allowed. P. Kumar ( Navin Sinha, J.)