Disposed

Uma Shankar Khan v. The State Of Bihar and Ors.

Patna HC16 May 2013CWJC/7548/2013

Case brief

AI extract

What is this about?

Petitioner challenged the constitution of an Adhoc Committee for a college as malafide and contrary to the Bihar State Universities Act, 1976. The Court set aside the order impugned but directed the Vice Chancellor to constitute a regular Governing Body within three months. Pending this, the Adhoc Committee can only make routine decisions.

What did the court decide?

Directed the Vice-Chancellor to constitute a regular Governing Body within three months; restricted the Adhoc Committee to routine matters.

Uma Shankar Khan Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7548 of 2013

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====================================================== Uma Shankar Khan S/O Hem Narain Khan R/O Village + P.S.- Bangaon, District- Saharsa, Presently Secretary, Managing Committee/Governing Body, Laxminath College, Bangaon, District- Saharsa .... .... Petitioner Versus 1. The State Of Bihar Through The Principal Secretary Department Of Human Resources Development, Government Of Bihar, Patna 2. The B.N. Mandal University Laloo Nagar, Madhepura Through Its Registrar 3. The Vice-Chancellor B.N. Mandal University, Laloonagar, Madhepura 4. The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : M/s Pramod Mishra, Vijay Kr. Mukul & Jyoti Prabhaker For the Respondent/s : Smt. Kumari Amrita, GP-10, & Sri Arbind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 16-05-2013 Heard learned counsel for the parties in respect of the following reliefs prayed in this writ application : (i) A certiorari setting aside the notification contained in Memo. No. 879/13 dated 21.02.2013 (Annexure-4) issued from the level of Respondent University under the signature of Respondent Registrar under direction of Respondent Vice Chancellor (V.C. only hereinafter), which although not been served to the present Managing Committee whereby and where-under in a very arbitrary, malafide and without any assigned reason and even without

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any show cause or opportunity of hearing in compliance of principle of natural justice, has constituted an Adhoc Committee under Section 60(4) of the Bihar State Universities Act, 1976 (the Act/ Statute only hereinafter) which itself is in contravention of the Statute as the said Adhoc Committee has not got any donor member as also no officer of Government is there.

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(ii)

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A mandamus commanding and directing the Respondents concerned to allow the Managing Committee / Governing Body of the College as contained in Annexure-2 to this petition, to function as the same is constituted and functioning since very long in accordance with law and procedure as per the Statute and there has been no occasion to constitute the impugned Adhoc Committee as the Laxminath College. Bangaon has been granted permanent affiliation having a Managing Committee in accordance with law.

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Counsel for the University is present but he says that he has received no instructions.

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Learned counsel for the petitioner, assailing the notification dated 21.02.2013 constituting an Adhoc Committee for Laxminath College, Bangaon, Saharsa,(herein after referred to as the College) has submitted that after the State Government had given the affiliation to the College by an order dated 20.5.2011, the University, in all fairness, ought to have constituted a fullfledged Governing Body instead of an Adhoc Committee. He has, further, submitted that even when such Adhoc Committee has been constituted, it does not meet the requirement of Section 60(1) of the Bihar State University Act which lays down that six persons have to be nominated in the different categories. According to learned counsel for the petitioner at least two members of Adhoc Committee, namely, Niraj Gupta and Manzar Alam do not meet the requirement of Section 60(1) of the Bihar University Act.

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Having regard to the fact that the Vice Chancellor of the University had the power to constitute an Adhoc Committee till constitution of the Governing Body this Court is not inclined to set aside the impugned Notification dated 21.02.2013 whereby and whereunder the Adhoc Committee for the College has been constituted. Such Adhoc Committee, however, cannot remain in Office for eternity and its life can continue only for the period till the regular Governing Body is

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constituted. In that view of the matter, this Court would direct the Vice Chancellor of the B.N. Mandal University to constitute a regular Governing Body for the College within a period of three months from the date of receipt of this order.

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Till it is done so, the Adhoc Committee constituted by the Vice Chancellor on 21.02.2013 shall not take any major policy decision. In other words, this Adhoc Committee shall only be taking a decision in the routine matter in the College so that the College could remain functional.

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

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(Mihir Kumar Jha, J)

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A.Ahmad/-

Uma Shankar Khan v. The State Of Bihar and Ors.

Case brief

What is this about?

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Uma Shankar Khan v. The State Of Bihar and Ors.

Case brief

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