Rajdeo Roy Degree College, Vaishali v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.6363 of 2013 IN Civil Writ Jurisdiction Case No. 20150 of 2012 =========================================================== Rajdeo Roy Degree College, Kiratpur Rajaram, Muzaffarpur, through its Secretary Amit Kumar Son Of Rajdeo Roy Kiratpur Rajaram, P.O. + P.S.- Bhagwanpur, District- Vaishali .... .... Petitioner

Versus

1. The State of Bihar through Mr.Amarjeet Sinha, the Principal Secretary, Education Department, Government of Bihar, Patna

2. Dr. Ravi Verma, Vice Chancellor, B.R.A. Bihar University, Muzaffarpur

3. Dr. Vivekanand Shukla, Registrar, B.R.A. Bihar University, Muzaffarpur 4.Arun Kumar Singh, Examination Controller, B.R.A. Bihar University, Muzaffarpur.

5. Prof, A.P.Mishra, Professor of Zoology, B.R.A. Bihar University, Muzaffarpur .... .... Opp. parties =========================================================== Appearance :

For the Petitioner : Mr. Sunil Kumar Singh, Advocate For the OP Nos. 2 & 4 : Mr. Dhruba Mukherjee, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 29-06-2016 Heard the parties.

2. The present contempt petition has been filed alleging deliberate violation of the order dated 27.11.2012 of this Court passed in CWJC No. 20150 of 2012.

3. A supplementary show cause has been filed on behalf of the respondent University bringing on record the minutes of the meeting of the Senate dated 19.03.2016, which is placed on record. It transpires that the Senate has resolved that for the time being temporary affiliation for one session 2015-16 for all the colleges including the

Patna High Court MJC No.6363 of 2013 dt.29-06-2016 petitioner college was to be recommended to the State Government.

4. A perusal of the order of this Court in CWJC No. 20150 of 2012 requiring compliance discloses that the respondent University was required to send the approval of the Senate to the State Government for grant of permanent affiliation. If the Senate after due deliberation, has resolved to grant only temporary affiliation to the petitioner College and not permanent affiliation, the question of the respondent University sending the same to the State Government for permanent affiliation cannot arise. It is noteworthy that the Senate was neither a respondent in the writ petition nor was any direction passed on the Senate.

5. In the above circumstances and in view of the recent development by way of the resolution by the Senate passed in its meeting dated 19.03.2016, this Court is not satisfied that the respondent University has willfully disobeyed the order of this Court.

6. The contempt petition stands disposed of.

(Vikash Jain, J) Chandran AFR/NAFR NAFR CAV DATE - Uploading Date 11.07.2016 Transmission Date -