Pradeep Prakash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3778 of 2024 ====================================================== 1.
Pradeep Prakash Son of Govind Prasad Mandal Resident of Ward No.10, Near R.K.B.A. High School, Nipaniya Latauna, District-Supaul, Presently Posted as Lecturer in the Subject of Geography Anuplal Yadav College, Triveniganj, Supaul.
2.
Arvind Kumar Roy Son of Shiv Narayan Yadav Resident of Ward No.10, Nipaniya South of Anuplal Yadav College Latauna Uttar, District-Supaul, Presently Posted as Lecturer in the Subject of Economics, Anuplal Yadav College, Triveniganj, Supaul.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.
2.
The Additional Chief Secretary, Education Department, Government of Bihar, Patna.
3.
The Vice Chancellor, B.N.Mandal University, Madhepura. 4.
The Registrar, B.N. Mandal University, Madhepura. 5.
The Principal, Anuplal Yadav College, Triveniganj, Supaul. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indrajesh Kumar, Advocate For the Respondent/s :
Mr.Government Pleader (4) Mr.Ajay Kumar, A.C. to G.P.-4.
For respondent No.5.
:
Bajarangi Lal, Advocate For respondent No.3 & 4:
Mr. Ashhar Mustfa, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 18-02-2026 Learned counsel for the petitioner submits that in paragraph 2(i), due to typing error, respondent No.5 and 6 has been typed in place of respondent No.4 and 5. Petitioner is permitted to make necessary correction during the course of the day.
2. Heard learned counsel for the petitioner, learned counsel for the respondent-University, learned counsel appearing for respondent No.5, i.e., the Principal, Anuplal Yadav College, Triveniganj, Supaul and learned counsel for the respondent-State.
2/4
3. With consent of the parties, the present writ application is being disposed of at this stage itself.
4. The petitioner in paragraph No.1 of the writ application has prayed for grant of following relief :- "(1) (i) For Issuance of an appropriate writ in the nature of Mandamus, Commanding and directing the 4 5 Respondent no.5 and to distribute the amount of Internal sources amounting Rs. 2,31,09,703.5 among the employees of the college assessed for the period of 2017 to 2020 in view of letter No. 14 वव०को०/legal/03/18-03 dated 02.01.2019 issued in cornpliance of order passed by the Hon'ble High Court १/ ५in CWJC No. 8019/2017 order dated 23.04.2018 and further a direction to assess the amount of internal sources for the period 2021 to 2023 and in compliance of direction of State Govt. distribute the same among the employees of the college.
(ii) For issuance of an appropriate writ in the nature of Mandamus, Commanding and directing the respondent University to conduct an enquiry of income and expenditure of Anuplal Yadav College because a huge amount of college fund i.e. of internal sources is being syphoned by the Principal of the college and in case of demand for lawful distribution in the light of direction of the Hon'ble High Court punitive action is being taken so that no one could raise finger.
(iii) For issuance of any other appropriate writ/writs, order/orders, direction/ directions for this the writ petitioners shall be found entitled under the fact and circumstances of the case.
5. After advancing some argument, learned counsel for the petitioner submits that for the aforesaid relief claimed in the present writ application, the petitioner is prepared to file detail representation before the Registrar, B.N. Mandal University,
3/4 Madhepura (respondent No.4). He accordingly prays that the petitioner would be satisfied if an appropriate direction could be issued by this Court to Registrar, B.N. Mandal University, Madhepura (respondent No.4) to entertain his application and dispose of the same after giving an opportunity of hearing to the petitioner within a fixed time frame.
6. To the aforesaid submissions made by learned counsel for the petitioner, learned counsel appearing on behalf of the respondent-State do not have any objection.
7. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application stands disposed of granting liberty to the petitioner to file representation before the Registrar, B.N. Mandal University, Madhepura (respondent No.4) within one month from the date of passing of this order and if such representation is filed by the petitioner, the same shall be disposed of by the Registrar, B.N. Mandal University, Madhepura (respondent No.4) within a maximum period of three months from the date of filing of the representation after giving an opportunity of hearing to the petitioner as well as to other parties.
8. While disposing of the representation by a reasoned and speaking order, the Registrar, B.N. Mandal University,
4/4 Madhepura (respondent No.4) is directed to take into consideration order dated 23.04.2018 passed in C.W.J.C. No.8019 of 2017 (Annexure-4) and also the letter dated 02.01.2019 (Annexure-5) which is said to have been issued in compliance of the order passed by the Hon'ble High Court in C.W.J.C. No.8019 of 2017. It is made clear that in case the petitioner is found entitled to the releif which the petitioner would be claiming through representation, the same should be extended to the petitioner within a further period of three months from the date of passing of the final order by the Registrar, B.N. Mandal University, Madhepura (respondent No.4).
9. With the aforesaid observation/direction and liberty granted, the present writ application stands disposed of.
10. All pending I.A.s, if any, is deemed to have been disposed of.
(Alok Kumar Sinha, J) sanjeev/- U