Mahakali Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.682 of 2023 ====================================================== 1.

Mahakali Devi W/o Late Gopi Mandal 2.

Bibhu Mandal S/o Late Gopi Mandal Both Resident of Village Gajhara, Circle- Ladania, Police Station- Ladania, District- Madhubani, Pin-847227.

... ... Petitioner/s

Versus

1.

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

2.

The Kameshwar Singh Darbhanga Sanskrit University, through its Registrar, Kameshwar Nagar, Darbhanga.

3.

The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

4.

The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

5.

The Finance Officer, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

6.

The Governing Body, Sidheshwari Laxminath Sanskrit Mahavidyalay, Gajhara, Madhubani.

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

For the Petitioner/s :

Mr.Ashok Kumar Choudhary, Advocate For the Respondent/s :

Mr.Prabhakar Jha (GP 27) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 12-05-2023 Learned counsel appearing on behalf of the petitioner informs this Court that the petitioner has already represented before the Registrar of the University and the only delay in making payment is being caused by the Registrar of the University.

2. Learned counsel further informs this Court that in the case of Dr. Jitendra Narayan Singh Vs. The Hon'ble Chancellor of Universities of Bihar (bearing CWJC No.9726 of 2017), the Hon'ble Division Bench of this Court has passed inter alia following orders/directions : - "We find force in the submissions of learned counsel for the petitioners. On the face of it the resolution dated 18.10.1976 (Annexure-1 to the writ

Patna High Court CWJC No.682 of 2023 dt.12-05-2023 2/3 application) does not prescribe minimum number of students in each year of Shastri course as 60 which is now the contention of the State. Fallacy in the argument of the State writ large when we find that the minimum number of students prescribed in the resolution is 60 as a whole and not part-wise. This fact has been taken note of by the learned writ Court in its judgment as contained in Annexure-2 to the writ application. In the said case the Hon'ble Writ Court specifically considered and held that the resolution no.2261 dated 18.10.1976 minimum number of students at Shastri level i.e. graduate level was mentioned as 60. The Court proceeded to consider whether relevant part of the said resolution no.2261 dated 18.10.

1976 stand repealed and what will be the consequence of such repeal, but after going through the arguments advanced on behalf of the parties the learned Writ Court held in paragraph 11 of the judgment as under:- "From conjoint reading of the abovementioned condition relating to the minimum number of students in different categories of schools/college I have no manner of doubt that the number refers to the students on rolls of the schools/college, as the case may be, in the particular class, and not the number of students actually appearing at the examination.

There is no ambiguity in the aforesaid resolution of the government that the basis of student strength is the number of students on rolls of the schools/college, I fail to understand as to how any stand which is not in conformity with the resolution, can be taken or made basis of the impugned decision."

3. Learned counsel appearing on behalf of the University informs this Court that immediate steps will be taken by the Registrar of the University to disburse all the dues as claimed by the petitioner within a period of six weeks.

Patna High Court CWJC No.682 of 2023 dt.12-05-2023 3/3

4. Considering the rival submissions made by the parties, in view of the admitted fact that the petitioner has filed detailed representation before the Registrar of the University along with order dated 23.07.2018 passed in CWJC no.9726 of 2017 (supra), the Vice Chancellor must ensure that the Registrar of the University takes steps for making payment of the retiral dues, pension and applicable interest on account of delayed payment to the petitioner within a period of six weeks.

5. At this stage, the learned counsel appearing on behalf of the University informs this Court that the University is stressed due to non-availability of fund and if it is true, the Vice Chancellor, the Registrar and the Finance Officer of the University should personally approach the Additional Chief Secretary, Higher Education Department, Government of Bihar, who will at least ensure disbursal of fund, which is required by the University for the payment to be made to the petitioner.

6. There shall be no order as to costs.

7. With the above observation/direction, the present writ petitions are disposed of.

(Purnendu Singh, J) chn/- AFR/NAFR CAV DATE Uploading Date 17.05.2023 Transmission Date 17.05.2023