Professor Awadhesh Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16195 of 2014 ======================================================

1. Professor Awadhesh Singh Son of Sri Vishundeo Singh, Resident of Village- Tendua Vindauliay, P.S. Barun, District- Aurangabad .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Higher Education Department, Bihar, Patna

3. The Veer Kuar Singh University, Ara, Bhojpur, through its Registrar

4. The Vice Chancellor, The Veer Kuar Singh University, Ara, Bhojpur

5. The Registrar, The Veer Kuar Singh University, Ara, Bhojpur

6. Laldeo Singh Yadav, Professor In-charge, Chaudhary Charan Singh College, Rajpur, Rohtas .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kr Singh No. 6 Mr. Ranjit Kumar, Adv.

For the Respondent/s : Mr. Nivedita Nirvikar-GA-10. Mr. Rajesh Prasad Choudhary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner is regular working since 1981 but the petitioner has not been paid salary, difference of salary and current salary and as such he has filed the present writ application. Learned counsel appearing on behalf of the State has taken stand with reference to judgment of the Court in C.W.J.C. No.1750 of 2011 that writ petition under Article 226 against the Managing Committee of affiliated college is not maintainable.

Patna High Court CWJC No.16195 of 2014 (2) dt.14-08-2018 2/2 Learned counsel for the petitioner submitted that in the aforesaid circumstance, instead of pressing the writ petition, he may be granted liberty to file appropriate representation before the University who may take appropriate decision in accordance with law to protect the interest of the petitioner as the college in question is affiliated to University and it is the obligation of the University to ensure payment of salary by appropriate action under the scheme of the Act against affiliating institution for following the norms and standing for enjoying the privilege of affiliation. With the aforesaid liberty to approach the University for redressal of the grievance, this writ petition is disposed of. (Anil Kumar Upadhyay, J) Sanjeev/- U