Md. Irfan Ahmad And ANR v. Veer Kunwar Singh University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13902 of 2014 ======================================================

1. Md. Irfan Ahmad son of late Suleman Ahmad resident of Baril, P.S.- Kamtaul, District Darbhanga, at present working as a Lecturer in the department of Urdu, M.P. College, Mohania (Kaimur)

2. Sudarshan Tiwary son of Late Sheo Murat Tiwary, resident of village Sane, P.S. Niyamatpur, District Chandauli (U.P.), at present working as a Lecturer, department of Philosphy in M.P. College, Mohania (Kaimur) ... ... Petitioner/s

Versus

1. Veer Kunwar Singh University through its Vice-Chancellor, Bhojpur at Ara.

2. The Registrar, Veer Kunwar Singh University, Ara, District- Bhojpur

3. The Chairman, Governing Body of Rana Pratap College, Mohania, residing at 301E, Vidhan Parishad Quarters, Daroga Rai Patha, Patna- 800001

4. The Secretary, Governing Body, Maha Rana Pratap College, Mohania, residing at 180B, Panchwati, Sri Krishnapuri, Patna- 1

5. The Principal, Maha Rana Pratap Singh College, Mohania, Kaimur, resident of Mahesh Nagar, Ext. N-I/66R-15(Ka), Ganga Bihar Colony, Varanasi, Opposite Lanka Ghat, Varanasi (U.P.)

6. The State of Bihar through the Director, Higher Education, New Secretariat Building, Bailey Road, Patna- 800 001 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamal Nayan Choubey, Sr. Advocate For the Respondent/s :

Mr. Sudha Chandra, Advocate Mr. Rewati Kant Raman, AC to SC-11 For the University :

Mr. Syed Feroz Raza, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-11-2018 In order to resolve the controversy involved in the present writ application, the Court directs the Registrar of the University to submit report of enquiry conducted by the University with regard to claim of the petitioner and the respondent and on submission of such report to the Director, Higher Education, the Director, Higher Education would be required to issue notice to the parties and after hearing the

Patna High Court CWJC No.13902 of 2014(6) dt.06-11-2018 2/2 petitioner and the respondents, the Director, Higher Education would decide the issue finally in view of the fact that vide order contained in Annexure-5, the Director, Higher Education was obliged to decide the dispute.

Accordingly, the Court directs the Registrar of the Veer Kunwar Singh University to submit report of the enquiry for the benefit of the Director, Higher Education within a period of 15 days from the date of receipt/production of the copy of the order and the Director, Higher Education would be required to decide the claim of the petitioner and the respondent after opportunity of hearing within a period of two months from the date of submission of report by the Registrar of the University. He cannot delegate the power of deciding in complete disregard to the direction issued by this Court dated 25.2.2013 in C.W.J.C. Nos. 806 of 2010 and 2355 of 2010.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U