Srimati Shobha Verma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 12060 of 2016 =========================================================== Srimati Shobha Verma, aged about 66 years old, W/o Akhilesh Kumar Verma, Resident of Mohalla- Parao Pokhar, Lane No.3, P.O.- Ramna, P.S.- Kazi Mohammadpur, District- Muzaffarpur, Pin Code- 842002. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Secretary, Higher Education, Government of Bihar, Patna.

3. The Director, Higher Education, Government of Bihar, Patna.

4. The Vice-Chancellor, BRA Bihar University, Muzaffarpur.

5. The President-cum-Chairman, Governing Body, Shyamnandan Sahay College, Muzaffarpur.

6. The Secretary, Governing Body, Shyamnandan Sahay College, Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Prabhakar Nath Rai, Advocate For the B.R.A. Bihar University :

Mr. Anil Singh, Advocate For the State :

Mr. Sanjay Prasad, A.C. to A.A.G. 4 For the Managing Committee :

Mr. Ugranath Mallik, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 17-04-2018 Heard learned counsel for the petitioner; State; B.R.A. Bihar University (hereinafter referred to as the 'University') and respondents no. 5 and 6.

2. The petitioner has moved the Court for the following reliefs:

"(i) For issuance of appropriate writ order or orders or direction commanding the respondents to grant the benfits of retiral benefits. (ii) For issuance of appropriate writ/order or orders or directions commanding the respondents to grant consequential service benefits as well as payment of due salary for the whole period of her service w.e.f. 1980, with penal interest to the petitioner as admissible under law."

3. In effect, the relief is against the governing body of a

Patna High Court CWJC No.12060 of 2016 dt.17-04-2018 2/2 private college which is affiliated to the University.

4. Learned counsel for the State and University raised a preliminary objection and submitted that the writ is not maintainable against the Governing Body of a private college and further that teachers of such colleges are not entitled to payment of pension. For such contention, they relied upon a decision of this Court in the case of Sahadeo Mishra vs. Ranchi University reported as 1989 PLJR 1067.

5. Learned counsel for the petitioner was not able to meet the objection.

6. The law being settled that the Governing Body of a private college is not amenable to writ jurisdiction as it is not 'State' under Article 226 of the Constitution of India, the relief claimed only against such Governing Body and not against the State or the University or any of its instrumentalities, has rendered the writ petition not maintainable.

7. In view thereof, the writ petition stands disposed off.

8. However, the petitioner shall be at liberty to avail his remedy, in accordance with law, before the appropriate forum. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U