Nand Kishor Ram v. The Baba Saheb Bheem Rao Ambedkar Bihar University
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1753 of 2019 In Civil Writ Jurisdiction Case No.6651 of 2017 ====================================================== Nand Kishor Ram Son of Narsing Ram resident of Mohalla- Lal Darbaja, Police Station- Kotwali in the district of Munger ... ... Petitioner/s
Versus
1.
The Baba Saheb Bheem Rao Ambedkar Bihar University Muzaffarpur through Col. Ajay Kumar Rai, Son of not known to the petitioner, its Registrar 2.
Mr. Amrendra Narayan Yadav Son of not known to the petitioner the Vice Chancellor, Baba Saheb Bheem Rao Ambedkar Bihar University, Muzaffarpur 3.
Mr. Col. Ajay Kumar Rai S/o not known to the petitioner the Registrar, Baba Saheb Bheem Rao Ambedkar Bihar University, Muzaffarpur 4.
The Beer Chand Patel Smarak College Desari in the district of Vaishali through Mr. , son of not known to the petitioner, its Secretary 5.
Dr. Lalitesh Narayan Prasad S/o not known to the petitioner the Principal, Beer Chand Patel Smarak College, Desari in the district of Vaishali 6.
Mr. Rajesh Prasad Singh S/o not known to the petitioner the Beer Chand Patel Smarak College, Desari- cum-Divisional Officer, U.R.-cum-Convenor, Mahnar in the district of Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate For the Opposite Party/s :
Mr. Vikas Ratan Bharti, Advocate For the BRABU :
Mr. Rakesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 22-04-2025 Heard learned counsel for the parties.
2. This contempt petition has been filed alleging violation of the order dated 03.04.2018 passed in C.W.J.C. No. 6651 of 2017, wherein, this Court had passed the following order:
"2. Considering the nature
2/4 of grievance raised in the present writ application, the Court deem it fit and proper to direct the respondent University to examine the claim of the petitioners for distribution of grant allocated by the State Government under Vitta Raahit Shiksha Niti to the teaching and non-teacher staff working against the sanctioned post within a period of three months from the date of receipt/production of a copy of this order.
3. It is made clear that this Court has not expressed any opinion on the respective claim of the petitioners.
4. It is also goes without saying that the University is supposed to finalize the list of teacher working against the sanctioned post and whose case was scrutinized by the selection committed constituted under Section 57(A) of the Bihar Universities Act.
5. With the aforesaid, the writ application stands disposed of."
3. Opposite Party No. 3 - the Registrar, Baba Saheb Bheem Rao Bihar University, Muzaffarpur, has filed a show cause, wherein, in paragraph nos. 7, 8 & 9, it has been stated as under:
"7. That, it is being submitted that B.P.S. College, Desari, is an affiliated college of the B.R.A.
Bihar University and in pursuance of the approval order dated 19.07.2021
3/4 as has been informed by the College authorities to the University that the petitioner is being paid his salary/emoluments from the internal source of the College and the grant in aid will be paid to the petitioner as and when provided by the state government.
8. That, in view of the order dated 03.04.18 passed by the writ court the necessary compliance order dated 19.07.2021 has already been issued by the University as per the stiputations made in Section 57A of the Bihar State University Act, 1976.
9. That, from the facts stated herein above, it may be submitted before this Hon'ble Court that in compliance of the order dated 03.04.2018 passed by this Hon'ble High Court in C.W.J.C. No. 6651 of 2017, the Opposite Party No. 3 (the Registrar, B.R.A. Bihar University, Muzaffarpur) has already finalized the list of teacher vide office order dated 19.07.2021 working against the sanctioned post. So, in this way it is being humbly submitted that the Opposite Parties have not violated the order passed by this Hon'ble Court and the order dated 03.04.2018 passed in C.W.J.C. No. 6651 of 2017 by this Hon'ble High Court has already been complied with in the letter and spirit."
4. On perusal of the paragraph nos. 7, 8 & 9 of the show cause filed by the Opposite Party No. 3 - the
4/4 Registrar, Baba Saheb Bheem Rao Bihar University, Muzaffarpur, I find that the order dated 03.04.2018 passed in C.W.J.C. No. 6651 of 2017 has been complied with by the respondents.
5. Accordingly, the contempt petition stands closed and disposed of.
(Nani Tagia, J) Nilmani/- U