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Patna High CourtMJC/3408/2016dismissed

The Governing Body Degree College, Supaul And ANR v. B. N. Mandal University Through Its Registrar Namely Dr. Kumaresh Prasad Singh And ORS

2017-07-26Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3408 of 2016 In Civil Writ Jurisdiction Case No. 7076 of 2016 ======================================================

1. The Governing Body Degree College, Supaul duly constituted Under Section 60 of the Bihar State Universities Act, 1976 and the relevant statute through its Secretary.

2. Dr. Ram Prasad Yadav son of Late Bhaiya Lal Yadav Resident of Mohalla- Lohiyanagar, Ward No. 9, P.O. and District- Supaul, at present Secretary of the Governing Body, Degree College, Supaul .... .... Petitioner/s

Versus

1. B. N. Mandal University, Madhepura through its Registrar namely Dr. Kumaresh Prasad Singh.

2. Dr. Binod Kumar, Vice Chancellor, B. N. Mandal University, Madhepura.

3. Dr. Kumaresh Prasad Singh, the Registrar, B. N. Mandal University, Madhepura.

4. Mr, Vijay Kumar, the Principal, Degree College, Supaul at present ExOfficio Member of newly Constituted Governing Body, Degree College, Supaul.

5. Dr. Naresh Kumar, Associate Professor, Chemistry Department, B.N. Mandal University, Madhepura at present a Member of Newly Constituted Governing Body, Degree College, Supaul as University Representative

6. Md. Naimul Gaffar Sub Divisional Officer, Supaul, at present a Member of Newly Constituted Governing Body, Degree College, Supaul as Administrative Officer.

7. Anirudh Prasad Yadav, MLA, at present a Member of Newly Constituted Governing Body, Degree College, Supaul as Public Representative .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Chand Prasad For the Respondent/s : Mr. Rajeev Kumar Verma, Sr. Advocate Mr Shashi Bhushan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 26-07-2017 In the larger interest of the institution, the Court is satisfied that there was compulsion upon the University authorities to issue Annexure- 15. Whatever be the submission of the counsel for the petitioners, this Court cannot allow the institution to

Patna High Court MJC No.3408 of 2016 (6) dt.26-07-2017 2/2 become a pocket borough of petitioner no.2, who has been at the helms of affairs of the college a bit too long. He was the founder Principal and he retired as a Principal after 33 years and it is surprising that nobody else was found to be competent to take that post or was not allowed to take that post. After retirement, he becomes the Secretary of the Managing Committee. There are also allegations of various kinds of wrong doing, which has been talked about in the latest affidavit of the University. Time has come when such institution should get rid of people, who have a deep rooted vested interest and have been using such institution for personal gain and self promotion than for development of the institution as such.

In the above circumstances, the contempt application is dismissed.

(Ajay Kumar Tripathi, J) sk U