Gopal Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.116 of 2017 In Civil Writ Jurisdiction Case No. 9894 of 2016 ====================================================== Gopal Sharma, Son of Late Sheo Nandan Sharma, resident of village - Walipur, P.S. Pipariya, District - Lakhisarai, presently posted as Lecturer in S.B.R. College, Bhatgoan, Barh, Patna .... .... Appellant/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Department, Government of Bihar, Patna

2. The Vice - Chancellor, Magadh University, Bodh Gaya

3. The Registrar, Magadh University, Bodh Gaya

4. The Principal, S.B.R. College, Bhatgaon, Barh, Patna

5. The Secretary, G.B., S.B.R. College, Bhatgaon, Barh, Patna .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Nakul Kumar Jamuar, Advocate For the Respondent/s : Mr. Ashutosh Ranjan Pandey- AAG15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 08-08-2017 Holding that the institute in question is a private institute, not affiliated or constituent College of Magadh University. The learned writ Court has rightly refused to exercise the jurisdiction under Article 226 of the Constitution of India in the matter of payment of salary, as the private institute is not governed by the University.

In our considered view that the appellant has not made a case for warranting reconsideration of the matter. The appeal shall stand disposed of. Remedy is available to the

Patna High Court LPA No.116 of 2017 (7) dt.08-08-2017 2/2 appellant, as indicated by the writ Court.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- U