Dr. Sanjay Kumar And ANR v. Tilka Manjhi Bhagalpur University And ORS

Patna High Court CWJC No.18247 of 2015 dt.29-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18247 of 2015 ===========================================================

1. Dr. Sanjay Kumar, Secretary, Managing Committee, R.A. Degree College, Shambhuganj, District - Banka.

2. Dr. Shreekant Prasad, Son of Sri Bhagwan Prasad Resident of Village - Hajee Sujan, P.S. - Kotwali, District & Town Munger Presently Incharge Principal, R.A. Degree College, Shambhuganj, District - Banka. .... .... Petitioner/s

Versus

1. Tilka Manjhi Bhagalpur University, Lalbagh, P.S. - Kotwali, District & Town Bhagalpur - 812007.

2. Pro-vice Chancellor, Tilka Manjhi Bhagalpur University, Lalbagh, P.S. - Kotwali, District & Town Bhagalpur - 812007.

3. Registrar, Tilka Manjhi Bhagalpur University, Lalbagh, P.S. - Kotwali, District & Town Bhagalpur - 812007.

4. Baidya Nath Yadav Son of Mihilal Yadav Resident of Village - Bharatshila, P.S. - Shambhuganj, District - Banka.

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

For the Petitioner/s : Mr. Rajeev Ranjan Prasad For the Respondent/s : Mr. Rajendra Kumar Giri Mr. Nilanjan Chaterjee Mr. Neeraj Kumar Mr. Abhishek Singh =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 29-04-2016 Heard learned counsels for the parties.

The Court has a serious reservation against the Tilka Manjhi Bhagalpur University, Bhagalpur and especially the Registrar of the said university, since the university had no business to make any communication with any faction of the managing committee of what is known as R. A. Degree College, Shambhuganj, Banka, when it is the accepted position that the college, in question, does not have any affiliation by the State Government.

Patna High Court CWJC No.18247 of 2015 dt.29-04-2016 If it is so, then the institution is in the hand of a private managing committee and if there is a battle going on for control and supremacy in the management of the said institution, the university should have kept out of the said battle, instead of fueling the fire by making communications, contained in Annexure-13, dated 16.10.2015.

The stand of the university is that this letter was issued for a very-very limited purpose and the object has been lost now. The question is why was a letter of this kind written at all in a very first place.

Annexure - 13 is quashed.

Writ application is allowed.

Let the warring faction fight their legal battle, may be before the civil court of competent jurisdiction, but the university will not interfere in the affairs, so long as affiliation is not granted to the college, in question.

(Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 29.04.2016 Transmission Date