Manoj Kumar Rai And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22508 of 2011 ======================================================

1. Manoj Kumar Rai, Son of Sri Jagdish Rai, resident of Village-Nat, P.S.- Industrial Area Buxar, Dist. Buxar.

2. Satyendra Narayan Rai, Son of Shri Kapil Dev Rai, resident of VillageKritpura, P.S.-Buxar Muffasil, District-Buxar. .... .... Petitioners

Versus

1. The State of Bihar.

2. The Principal Secretary, H.R.D., Bihar New Secretariat, Patna.

3. The Vice-Chancellor, Veer Kunwar Singh University, Ara.

4. The Registrar, V.K.S. University, Ara.

5. The Inspector of Colleges, V.K.S. University, Ara.

6. The Principal, D.S.S.V. College Simari, Buxar.

7. The Present Governing Body (Illegally Constituted) S.S.S.V. College, Sumari, Buxar.

8. Sri Janardan Rai (Secretary of D.S.S.V. College), Simri, Buxar.

9. Janmejay Rai Asstt. Non Teach Clerk D.S.S.V. College, Simri, Buxar.

10. Makerdhwaj Rai, Asstt. Clerk, D.S.S.V. College, Simri, Buxar.

11. Chandrmani Pandey, Asstt. Clerk, D.S.S.V. College, Simri, Buxar.

12. Birendra Kumar Pandey, Asstt. Clerk D.S.S.V. College, Simri, Buxar.

13. Sanjay Kr. Pradhan, Asstt. Clerk D.S.S.V. College, Simri, Buxar.

14. Munna Kr. Pradhan, Asstt. Clerk D.S.S.V. College, Simri, Buxar.

15. Daya Shankar Choudhary, Asstt. Clerk, D.S.S.V. College, Simri, Buxar.

16. Bhala Choudhary, Non Teaching Clerk, D.S.S.V. College, Simri, Buxar.

17. Dharmendra Pandey, Non Teaching Clerk, D.S.S.V. College, Simri, Buxar.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Awadhesh Kumar Mishra, Advocate and Ajay Kumar, Advocate.

For the State : Mr. A.C. to A.A.G. 8. For the University : Mr. Rajesh Prasad Chaudhary, Advocate. ===================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-08-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.

The following reliefs have been sought for by the petitioner in the present writ application.

Patna High Court CWJC No.22508 of 2011 (3) dt.24-08-2017 2/3 "1(a) Respondents authorities be directed to cancel the appointments of private respondents and such others on the post of Assistant and Teaching Staff made by the so-called governing body (illegally constituted) on and after the cut-off date that is 26.03.2008.

(b) Direction be issued to the respondent no. 1 to constitute a high power committee consisting of three I.A.S.

officers to enquire about illegally constituted governing body of D.S.S.V.

College, Simari, Buxar, and further to direct them to cancel all appointments made on teaching and non-teaching post after the cut-off date that is 26.03.2008.

( c) Respondent authority be directed to make recovery of huge amount of salary paid illegally from the teaching and nonteaching staff of D.S.S.V., College, Simari, Buxar, who have been illegally appointed by incompetent authority after 26.03.2008.

(d) Respondent authority be directed to stop functioning of illegally appointed teaching and non-teaching staff after the said cut-off date.

(e) Respondent authorities be directed to get a fresh governing body constituted for smooth functioning of the College.

(f) Respondent authorities be directed to stop withdrawal of money from the Bank account (Allahabad Bank and Punjab National Bank) in respect of D.S.S.V. College, Simari, Buxar. "

Considering the reliefs sought for, by the petitioner, admittedly, the service of the petitioner is governed by the private governing body of the College, the petitioner is directed to file a representation before the respondent no. 3, the Vice Chancellor,

Patna High Court CWJC No.22508 of 2011 (3) dt.24-08-2017 3/3 Veer Kunwar Singh University, Ara, for redressal of his grievance within a period of eight weeks. The Vice Chancellor, Veer Kunwar Singh University, Ara, shall dispose of the said representation of the petitioner within a period of six months from the date of filing of such representation in accordance with law. With the aforesaid observations and liberty, the present writ application stands disposed of.

U.K./- (Sudhir Singh, J) U