Allowed

Shakuntala Devi v. The State Of Bihar and Ors.

Patna HC25 Apr 2013CWJC/5861/2013

Case brief

AI extract

What is this about?

In this writ application, the petitioner, sole legal heir of the doner cum founder, sought quashing of an order constituting an Ad-hoc Committee and sought directions to constitute a regular Governing Body. The court, noting no response from the University, directed the Vice Chancellor to constitute a regular Governing Body within three months citing Section 60 of the Bihar State Universities Act.

What did the court decide?

Order directing the Vice Chancellor of Tilka Manjhi Bhagalpur University to constitute a regular Governing Body of the Mishri Sada College within three months from the date of receipt of the order.

Shakuntala Devi Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5861 of 2013

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====================================================== Shakuntala Devi, wife of Shri Shushil Kumar, resident of Sonihar, P.S. Alouli, District Khagaria .... .... Petitioner Versus 1. The State Of Bihar 2. The Director, Higher Education, Govt. of Bihar, Patna 3. The Vice Chancellor, T.M.Bhagalpur University, Bhagalpur 4. The Registrar, T.M.Bhagalpur University, Bhagalpur 5. The Incharge Principal, Mishri Sada College, Alouli Sonihar, District Khagaria .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 3 25-04-2013 Heard counsel for the petitioner. The prayer of the petitioner in this writ application reads as follows:

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“(i) For issuance of an appropriate writ in the nature of certiorari for quashing the Memo No.B/492-99 dated 19.1.2013 whereby and whereunder another Ad-hoc Committee has been constituted in place of Ad-hoc Committee after death of doner cum founder, namely, Late Mishri Sada in 1996, the Ad-hoc Committee is running contrary to Act, statute as well as judicial pronouncement made by the Hon’ble High Court by which tenure of the Ad-hoc Committee is only one year. (ii) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondents university to constitute a regular Governing Body of the Mishri Sada College, Alouli Sonihar, Khagaria inducting the petitioner as doner member of the said Committee, as the petitioner is the sole legal heir of late Mishri Sada who was doner cum founder of the college, claiming to be

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Patna High Court CWJC No.5861 of 2013 (3) dt.25-04-2013

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inducted as member of the regular Governing Body.” Mr. Yugal Kishore, learned Senior counsel appearing on

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behalf of the petitioner, has submitted that though the Vice Chancellor of Tilka Manjhi Bhagalpur University had the power/ jurisdiction to constitute an Ad-hoc Committee but then such Adhoc Committee cannot be allowed to remain in office for ever. In this regard he has pointed out that there is nothing in the order dated 19.1.2013 containing notification of constitution of Ad-hoc Committee that any step has been taken for constitution of regular Governing Body.

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When this case was listed on 9.4.2013 counsel for the University was allowed two weeks time to file counter affidavit. No one, however, has appeared on behalf of the University nor any counter affidavit has been filed.

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In that view of the matter, this Court keeping in view the scope of Section 60 of the Bihar State Universities Act would direct the Vice Chancellor of Tilka Manjhi Bhagalpur University to constitute a regular Governing Body within a period of three months from the date of receipt of this order.

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With the aforementioned observation and direction, this application is disposed of.

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(Mihir Kumar Jha, J)

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surendra/-

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Patna High Court CWJC No.5861 of 2013 (3) dt.25-04-2013 3

Shakuntala Devi v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Shakuntala Devi v. The State Of Bihar and Ors.

Case brief

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What did the court decide?

What the court decided

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