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Patna High CourtCWJC/14051/2021dismissed

Arjun Prasad Yadav v. The State Of Bihar

2022-07-22Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14051 of 2021 ====================================================== Arjun Prasad Yadav Son of Late Hira Lal Rai, Resident of VillageMoharampur, P.O.-Basant, P.S.-Garkha, District-Saran at Chapra, at present Principal, Deoraha Baba, Shridhar Das Degree College-Rampur (Kadna), P.S.-Garkha, District-Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Govt. of Bihar, Patna.

2.

The Director, Department of Higher Education, Govt. of Bihar, Patna. 3.

The Chancellor of the Universities, Raj Bhawan, Patna. 4.

The Jai Prakash University, through its Registrar, Rahul Sankrityayan Nagar, Chapra, Dist.-Saran.

5.

The Vice-Chancellor, Jai Prakash University, Rahul Sankrityayan Nagar, Chapra, Dist.-Saran.

6.

The Pro-Vice Chancellor, Jai Prakash University, Rahul Sankrityayan Nagar, Chapra, Dist.-Saran.

7.

The Registrar, Jai Prakash University, Rahul Sankrityayan Nagar, Chapra, Dist.-Saran.

8.

The Secretary, Deoraha Baba, Shridhar Das Degree College-Rampur (Kadna), P.S.-Garkha, District-Saran at Chapra. 9.

Niranja Kumar, son of Late Bharat Prasad, Resident of Village-Kothia, P.S.- Avtar Nagar, District-Saran.

10.

Sri Shridhar Das, Donor Member, Governing Body of Deoraha Baba Shridhar Das Degree Collage, Rampur (Kadna), P.S. Garkha, District-Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s :

Mr.Subhash Chandra Mishra (Sc16) For the University :

Mr.Ritesh Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 22-07-2022 Heard the parties through video conferencing. No one appears for the petitioner.

Learned counsel appearing for the University submits that the notification challenged in the present writ petition are consequential orders passed in terms of the directions issued by the High Court in L.P.A. No. 1420 of 2016 dated 26.08.2016 with specifically clarifying that there is nothing in the order to

Patna High Court CWJC No.14051 of 2021(2) dt.22-07-2022 2/2 read the same as having authorized. The writ petitioner or any one else dealing with financial institution. The order of the writ Court restraining Dr. Arjun Prasad Yadav to exercise any power or authority dealing with financial institution continues to remain enforce. Directions were issued that the Registrar of the University deal with all matters relating to financial institution. Keeping in view thereto, the notification has been issued and presently the Registrar is dealing with the financial exercise of powers as directed by the Division Bench. The writ petition filed by Shridhar Das & Anr Vs. The State of Bihar & Ors is still pending. In view thereof, the claim of the petitioner who is respondent in the said writ petition, is wholly inadmissible.

The present writ petition is found to be mis-concieved especially when the High Court had passed an order restraining the petitioner from performing any financial function in writ petition which is pending and a fresh writ petition could not have been filed.

This writ petition is accordingly dismissed.

(Sanjeev Prakash Sharma, J) Sadique/- Item No. 2 U