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Patna High CourtCWJC/2422/2016dismissed

Ranjan Kumar v. The State Of Bihar And ORS

2016-04-29Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2422 of 2016 =========================================================== Ranjan Kumar S/o Jaldhar Yadav R/o Mohalla - Sandalpur, P.S. Kasimbazar, P.O. + District - Munger, President Governing Body, Temple of Haniman Homoeopathic Medical College and Hospital, Munger .... .... Petitioner

Versus

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

2. The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur

3. The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur

4. The Governing Body formed by the respondent No. 2 Vide order dated 30.5.2014 through Dr. D.N. Poddar, Incharge Principal of T.H.H. Medical College & Hospital, Munger .... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Sanjay Sinha, Advocate For the State :

Mr. Anjani Kumar, A.A.G.6 For B.R.A. Bihar Uni. :

Mr. S.K. Jha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 29-04-2016 Annexure-5 seems to have been issued in the background to a previous directive and decision rendered in CWJC No.13814 of 2012, decided on 03.07.2013, a copy of which is Annexure-4 to the writ application.

The submission of the counsel for the petitioner is that the University has no powers to exercise over this institution as it does not come within domain of such college or institution which have been talked about in Section 60(1) of the Bihar Universities Act, 1976.

Patna High Court CWJC No.2422 of 2016 dt.29-04-2016 2 / 2 Any submission of such kind would virtually render the previous decision of the learned Single Judge to be non-est in the eye of law which this Court cannot do as a coordinate Bench. Petitioner will have to take the legal battle to a higher level by contesting the order contained in Annexure-4.

Writ application is dismissed with the observation as above.

(Ajay Kumar Tripathi, J.) SanjayKumar/- AFR/NAFR NAFR CAV DATE Uploading Date 03.05.2016 Transmission Date