A. K. Gopalan Degree College v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11254 of 2016 =========================================================== A. K. Gopalan Degree College, Sultanganj, District- Bhagalpur (Bihar), through its Secretary, namely Prof. Arjun Prasad (Retd.). S/o Late D.N. Yadav R/oShrikrishnanagar, P.O.+P.S.- Ishakchak, Town & District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Education Department, Government of Bihar, New Secretariat, Patna.

2. The Director, Higher Education, Deptt of Education, Govt. of Bihar, Patna.

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

4. The T.M. Bhagalpur University, Bhagalpur, through its Registrar.

5. The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Purushottam Kumar Jha For the Respondent/s : Mr. SC23- Kumar Priya Ranjan =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 08-11-2016 Heard learned counsels for the parties.

It is regrettable that a counter affidavit has been filed on behalf of Respondent No. 2 without even verifying the material, which forms part of the writ application or the stand of the university that vide letter no. B 9490, dated 10.06.2015, the Tilka Manjhi Bhagalpur University, Bhagalpur has already forwarded their recommendation to the Deputy Director, Higher Education, Government of Bihar, Patna, which is Annexure-4 to the writ application.

The essence of the counter affidavit is that they are still

Patna High Court CWJC No.11254 of 2016 dt.08-11-2016 2/2 awaiting a recommendation of the university, which does not seem to be true.

The Director, Higher Education, Government of Bihar, therefore, is directed, now, to take cognizance of Annexure-4 to the writ application and then communicate the final decision on the said recommendation to the university or the college within a period of four months from the date of communication / production of a copy of this order. The time-frame indicated above should be adhered to. Whatever clarification is required, must be demanded within the said time-frame, so that the matter does not remain pending indefinitely now.

Writ application stands disposed off with observation / direction as above.

(Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 09.11.2016 Transmission Date