Mithila Mahila College And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15730 of 2016 ======================================================

1. Mithila Mahila College, Azam Nagar, Darbhanga through its Secretary namely Dr. Baidyanath Choudhary Son of Late Rajendra Choudhary resident of village - Anandpur Sahora, P.S. Ashok Paper Mill, District - Darbhanga

2. Dr. Baidyanath Choudhary Son of Late Rajendra Choudhary resident of village - Anandpur Sahora, P.S. Ashok Paper Mill, District - Darbhanga and Secretary of Mithila Mahila College, Azam Nagar, Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna

2. The Principal Secretary, Education, Govt. of Bihar, Patna

3. The Director, Higher Education, Govt. of Bihar, Patna

4. Lalita Narayan Mithila University, Darbhanga through its Registrar, Kameshwar Nagar, Darbhanga

5. The Vice Chancellor, Lalita Narayan Mithila University, Kameshwar Nagar, Darbhanga

6. The Registrar, Lalita Narayan Mithila University, Kameshwar Nagar, Darbhanga .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Jha, Advocate For the Respondent/s : Mr. Prabhakar Jha- GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-04-2017 Heard learned counsel for the parties.

This application has been filed by the Secretary, Mithila Mahila College at Azam Nagar, Darbhanga, seeking direction to the Respondents, more particularly, Respondent Nos. 2 and 3 to take a final decision on the recommendations made by the Lalit Narayan Mithila University, Darbhanga, with regard to sanction of posts of teaching and non-teaching staff of the said College, which is permanently affiliated to the privileges of Lalit Narayan Mithila

Patna High Court CWJC No.15730 of 2016 (3) dt.25-04-2017 2/3 University, Darbhanga.

It is the case of the petitioners that the University had made recommendations initially in the year 2010 and subsequently in the year 2012, but till date, no decision has been taken by the Respondents State of Bihar.

A counter affidavit has been filed on behalf of the State of Bihar, from which it appears that in the year 2012 itself, the Department had written to the University to send a clear proposal in this regard.

My attention is being drawn to Annexure R-2/5 of the counter affidavit filed on behalf of the State of Bihar to contend that the Director of the Department had requested the University to supply necessary informations with respect to recommendations made for creation of posts in Azam Nagar Mithila Mahila College, Darbhanga.

I fail to understand the purpose for bringing that communication on record in the counter affidavit filed in reply to the present writ application. The Court forms an opinion that the Respondent authorities have unnecessarily delayed the matter in taking decision, within a reasonable time.

In such circumstance, the Court is constrained to direct Respondent No.2 to take a final decision on the recommendations

Patna High Court CWJC No.15730 of 2016 (3) dt.25-04-2017 3/3 made by the University within a period of two weeks from the date of receipt or production of a copy of this order, if not already taken. If the State has to make any query from the University, it must be done within one week from the date of receipt of the present order and the University will be required to respond immediately thereafter so that entire exercise is completed within a period of three weeks as directed.

This disposes of the application.

(Chakradhari Sharan Singh, J) Vats/- U