Patna High CourtCWJC/20616/2018disposed

Mahanth Swami Ganeshanand Giri @ Ganeshanand Giri v. The State Of Bihar And ORS

2018-10-29Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20616 of 2018 ====================================================== Mahanth Swami Ganeshanand Giri @ Ganeshanand Giri, S/o Ramanand Giri, Resident of Village- Bakhulahar Matth, P.S.- Gopalpur, District- West Champaran at Bettiah.

... ... Petitioner

Versus

1. The State Of Bihar through the Principal Secretary, Higher Education, Department, Government of Bihar, Patna.

2. The Vice-Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, Bihar.

3. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, Bihar.

4. The Secretary, Adhoc Committee, Harihar Sanskrit College, Bakhulahar Matth, Chanpatiya, West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Rajesh Kumar For the Respondent/s :

Mr. Narendra Kumar, AC to GP-20 For the University :

Mr. Awadhesh Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-10-2018 This writ application has been filed for quashing the Memo No. 332 of 16.02.2018, issued under the signature of Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, whereby Ad hoc Managing Committee of Harihar Sanskrit College has been constituted.

Upon hearing learned Senior Counsel appearing on behalf of the petitioner and learned counsel representing the University, I notice that there is no dispute about two facts. Firstly, the college is affiliated to the said Kameshwar Singh Darbhanga Sanskrit University and second, the life of the

Patna High Court CWJC No.20616 of 2018(2) dt.29-10-2018 2/3 Ad hoc Managing Committee so constituted was only for six months. The petitioner claims to be the donor of the college and in that capacity it is claimed that he should be appointed/nominated as Chairman of the Managing Committee. The petitioner is seeking direction to the respondents for constitution of a Permanent Managing Committee/Governing Body of the college and do away with the practice of having Ad hoc Bodies.

Since the life of the Ad hoc Managing Committee has come to an end, I am not going into correctness of the decision of the University based on which the Ad hoc Managing Committee was constituted on 16.02.2018. I direct, however, the Vice-Chancellor of the University at the same time, to ensure that within a maximum period of three months from the date of receipt/production of a copy of this order, a Permanent Managing Committee/Governing Body is constituted, strictly in accordance with law.

Learned Senior Counsel appearing on behalf of the petitioner has submitted that in most likelihood the Ad hoc Body may indulge in making illegal appointments in the colleges. I direct that till a Permanent Managing Committee/Governing Body is constituted, no appointment of any nature shall be made

Patna High Court CWJC No.20616 of 2018(2) dt.29-10-2018 3/3 in the college.

This application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan/Ragini U