Deepak Kumar v. The Magadh University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11573 of 2023 ====================================================== Deepak Kumar S/o Sri Bhola Nath Singh, R/o At and P.O.-Akauna, P.S.-Goh, District-Aurangabad.

... ... Petitioner/s

Versus

1.

The Magadh University through its Registrar Bodh Gaya, Gaya. 2.

The Vice Chancellor, Magadh University, Bodh Gaya, Gaya. 3.

The Registrar, Magadh University, Bodh Gaya, Gaya. 4.

The Ad-hoc Committee Thakur B.D. Sinha Janta College, Akauna Goh, Aurangabad through its Secretary.

5.

The Secretary, Thakur B.D. Sinha Janta College, Akauna Goh, Aurangabad. 6.

Narendra Kumar, S/o Late Thakur Muneshwar Nath Singh, R/o At and P.O.- Akauna, P.S.-Goh, District-Aurangabad, Secretary, Thakur B.D. Sinha Janta College, Akauna Goh, Aurangabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Singh Mr. Prabhojot Singh Ms. Rushali For respondent no. 6 :

Mr. Sanjay Singh, Sr. Adv.

Mr. Siddharth Harsh For the University :

Mr. Md. Faiz Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-06-2025

1. Heard learned Counsel for the parties concerned.

2. The present writ application has been filed by the petitioner being aggrieved by the notification issued by the Registrar of the Magadh University, whereby respondent no. 6 has been inducted as Educationist/Secretary of the ad hoc committee of Thakur B. D. Sinha Janta College, Akauna, Goh, Aurangabad.

3. The submission of the petitioner is that ad hoc committee

Patna High Court CWJC No.11573 of 2023(4) dt.24-06-2025 2/3 was earlier constituted by the University in the year 2018, in which the petitioner was inducted as one of the members, being the donar, but, subsequently, ad hoc committee of the college has been replaced by another ad hoc committee by notification of the University, dated 04.03.2022, in which the petitioner was notified as the Educationist member. Now, the petitioner is aggrieved by the constitution of another ad hoc committee, on 14.07.2023, in which the respondent no. 6 has been inducted as Educationist member.

4. This Court has heard learned Counsel for the petitioner, learned Counsel for the University as well as learned Senior Counsel for the respondent no. 6.

5. Without entering into the rival submissions of the parties, this Court considers it necessary to decide this case on the basis of the statutory provision for constitution of the Governing Body under Section 60 of the Bihar Universities Act, 1976.

6. It appears from the materials available on record that the ad hoc committee of the college in question is continuing since 2018 and since then, three ad hoc committees have been constituted. For the period of about seven years, no

Patna High Court CWJC No.11573 of 2023(4) dt.24-06-2025 3/3 regular committee/Governing Body has been constituted by the University and the college in question is being run on the basis of the ad hoc committee. Adhocism/interim arrangement cannot be allowed to continue for a longer period. The adhoc committee is to exist for temporary period till the constitution of regular committee.

7. Accordingly, without entering into inter se dispute raised by the parties and without giving any opinion on the merit of the case, this Court feels it expedient to direct the University to constitute a regular Governing Body in accordance with law at the earliest, preferably within a period of two months from today.

8. With the aforesaid observation and direction, this writ application is disposed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √