Shashi Bhushan Mahto Vs the State of Jharkhand

( 2025:JHHC:20121 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cont. Case (Civil) No. 337 of 2024

Shashi Bhushan Mahto, son of late Jagdish Chandra Mahto, aged about 60 years, resident of village Tand Mahanpur, Rehabilitation Site P.O. and P.S. Jaina More, District-Bokaro

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… … Petitioner

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Versus

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The State of Jharkhand

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Dr. Manju Singh, daughter of not known to the petitioner, holding the post of Principal in-charge, Bokaro Mahila College, Bokaro, having its office at Sector 3-E, P.O. and P.S. Bokaro Steel City, District-Bokaro, Jharkhand

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Dr. Ajit Kumar, son of not known to petitioner, holding the post of secretary, Governing body of the Bokaro Mahila College, Bokaro, having its office at Sector 3-E, P.O. and P.S. Bokaro Steel City, District-Bokaro, Jharkhand … … Opp. Parties

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With

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C.M.P. No. 644 of 2025

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Governing Body of the Bokaro Mahila College through its Representative of University-cum-Secretary Ashish Kumar, aged about-45 years, son of Ram Sakal Singh, having its office at Sector 3-E, P.O. P.S. Bokaro Steel City, District-Bokaro

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… … Petitioner

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Versus

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The State of Jharkhand through its Secretary, Higher and Technical Education having its office at Nepal House, P.O. and P.S. Dhurwa, Dist. Ranchi

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The Director, Higher Education, Govt. of Jharkhand having its office at Nepal House, P.O. and P.S. Dhurwa, Dist. Ranchi

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Vinoba Bhave University, through its Vice Chancellor having its office at P.O. and P.S. Dist. Hazaribag

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Registrar, Vinoba Bhave University, Hazaribag having its office at P.O. and P.S. and Dist. Hazaribag.

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Commissioner Provident Fund having its office at Bhagirathi Complex, Near Circuit House, Karam Toli, P.O. and P.S. Lalpur, Dist. Ranchi

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Binod Bihari Mahto Koylanchal University, Dhanbad through its Registrar, having its office at Sardar Patel Nagar, Dhanbad, Dist. Dhanbad P.O. and P.S. Dhanbad, Jharkhand.

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Shashi Bhushan Mahto, son of Late Jagdish Chandra Mahto resident of Village Tand Mahanpur Rehabilitation site P.O. and P.S.-Jaina More, District-Bokaro … Opp. Parties

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--- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Petitioner : Mr. Shresth Gautam, Advocate : Mr. Prashant Jha, Advocate

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( 2025:JHHC:20121 )

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: Mr. Himanshu Harsh, Advocate (In Cont. Case 337 of 2024) : Mr. Anjani Nandan, Advocate (In CMP 644/2025) For the State : Ms. Komal Tiwary, AC to AG (In CMP 644/2025) Ms. Shalini Shahdeo, A.C. to S.C.(L&C)-1 For the Resp. No. 2 & 3 : Mr. Anjani Nandan, Advocate (In Cont. Case 337 of 2024) For BBMK University :Mr. Manish Kumar, A/C to Mr. Anoop Kumar Mehta, Advocate --- CMP No. 644 of 2025

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04 /22.07.2025 The learned counsel for the petitioner in CMP No. 644 of 2025 has submitted that instant petition has been filed for modification of order dated 06.07.2023 passed in W.P.(S) No. 1280 of 2017. He has submitted that as per the order passed by this Court, the petitioner was to appear before the Principal of Bokaro Mahila College on 24.07.2023 and file a detailed representation in connection with his grievance and upon his appearance, the Principal of the College was directed to place the matter before the governing body of the college who was to fix a of date of hearing for considering the grievance of the petitioner.

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2. He has submitted that this Court in W.P. (S) No. 6256 of 2022 and other analogous cases vide order dated 05.10.2023 has directed Binod Bihari Mahto Koylanchal University to cease the power of the governing body till further order with respect to Bokaro Mahila College and consequently the governing body has become nonfunctional. He submits that on account of this, the order could not be complied.

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3. The learned counsel has further submitted that to carry out the necessary administrative and financial responsibilities of the college, the Binod Bihari Mahto Koylanchal University through Registrar, vide letter dated 06.03.2025, has notified the appointment of one Mr. Ashish Kumar with the approval of the vice chancellor as representative of the University for Bokaro Mahila College till further orders. A copy of the letter has been placed on record vide Annexure-

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2

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( 2025:JHHC:20121 )

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3 to the CMP. The learned counsel submits that as the governing body of Bokaro Mahila College has been ceased and now the power has been conferred upon the aforesaid authority namely Mr. Ashish Kumar, he would be the appropriate person to pass the necessary order in the present case so that the order passed in the writ petition is complied in letters and spirit. The learned counsel for the petitioner submits that if the order of the writ court is modified to the aforesaid extent, necessary steps will be taken within the stipulated time.

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4. Learned counsel for the opposite parties i.e. State and the University and also the learned counsel for the writ petitioner have no objection to the prayer for modification of the order passed in the writ petition.

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5. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, particularly the fact that the then governing body of Bokaro Mahila College has become a defunct body on account of certain orders passed by this court and the administrative work and the responsibility is now to be carried on by the aforesaid person namely Mr. Ashish Kumar by virtue of Annexure-3 to the CMP with respect to compliance of the order passed by this court , the order in the writ petition is required to be modified .

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6. Accordingly, the order dated 06.07.2023 passed in W.P.(S) No. 1280 of 2017 is hereby modified to the extent that the documents which have been filed by the writ petitioner Shashi Bhushan Mahto before the Principal of Bokaro Mahila College will now be placed before the aforesaid Authority namely, Mr. Ashish Kumar , who shall proceed in the matter in terms of paragraph 10 of the order passed in the writ petition. The petitioner shall appear before the aforesaid Authority on 25.08.2025 at 11.00 am .

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7. This CMP is accordingly allowed in the aforesaid terms.

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