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Patna High CourtCWJC/11739/2018disposed

Deep Narayan Thakur v. The State Of Bihar And ORS

2018-08-10Mr. Justice Sudhir Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11739 of 2018 ====================================================== Deep Narayan Thakur, Son of Banka Thakur, Resident of VillageBijulipur, P.O.- Chainpur Bijulipur, P.S.- Turkauliya, District- East Champaran at Motihari, presently working as the Head of Department of History, Pirya Rani Roy, Degree College, Bairgania, District- Sitamarhi. .... .... Petitioner/s

Versus

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

2. The Director, Higher Education, Education Department, Government of Bihar, Patna.

3. Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur through the Registrar.

4. The Vice Chancellor, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur.

5. The Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur.

6. The Finance Officer, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur.

7. The Chairman, Governing Body of Priya Rani Roy Degree College, Bairgania, District- Sitamarhi. null null

8. The Secretary, Governing Body of Priya Rani Roy Degree College, Bairgania, District- Sitamarhi. null null

9. Smt. Ila Roy, Wife of Prof. Mukund Narayan Roy, The Principal, Priya Rani Roy Degree College, Bairgania, District- Sitamarhi. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Singh For the Respondent/s : Mr. Madhaw Prasad Yadav -GP23 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2018 Heard the parties.

Following reliefs have been sought for in the present writ application on behalf of the petitioner: (i)

university to dissolve the Governing Body of Priya Rani Roy Degree College, Bairgania constituted under chairmanship of Sri Manwendra Narayan Roy and Secretaryship of Mukund Narayan Roy and constitute the ad hoc Committee on the ground that all the members of the Governing Body of the College are close relative to each other and coming from one family they in connivance with each other misappropriated the huge amount of "Grant" as granted by the Respondent University to the college.

(ii) university to make an enquiry about the improper distribution of Grant as granted by the Respondent University amongst the teaching and non-teaching staffs as per the wishes of the Governing Body of the College.

(iii) university to remove the Respondent No. 9 from the post of Principal of College on the ground that she is neither the teacher of the college nor she is fulfilling the eligibility criteria for holding the post of Principal under U.G.C. and she has been made Principal of the College merely on the ground that sjhe is the wife of the Secretary of the Governing Body of the College.

(iv) Consequent upon for issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the respondent-university to appoint the petitioner as the Incharge Principal of the College since the petitioner is senior most teacher of the College.

In the present writ application, for redressal of his grievance, the petitioner has filed a representation vide Annexure-

8 to this application before the Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur (respondent No. 5). It has further been submitted on behalf of the petitioner that the said representation is pending till date.

The Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur (respondent No. 5) is directed to dispose of the said representation and pass an appropriate order in accordance with law within a period of three months from the date of receipt/production of copy of this order.

With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) A.K.V./- U