Nabi Nath Choudhary v. The T.M.Bhagalpur University And

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5211 of 2010 =========================================================== Nabi Nath Choudhary, son of Late Gulab Choudhary, resident of village-Durgauli, P.S. Benipatti, District-Madhubani.

.... .... Petitioner.

Versus

1. The T.M.Bhagalpur University, Bhagalpur, through its Registrar, namely, Mr. Rajeev Kumar Sinha.

2. The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur, namely, Dr. K.N. Dubey.

3. The Registrar, T.M. Bhagalpur University, Bhagalpur, namely, Mr. Rajeev Kumar Sinha.

4. The Finance Officer, T.M. Bhagalpur University, namely, Mr. B.P. Verma.

5. The Manager, University Press, T.M. Bhagalpur University, Bhagalpur, namely, Mr. Raj Mangal Mishra "Raju".

6. The State of Bihar, through the Principal Secretary, Department of Finance, Government of Bihar, Main Secretariat, Patna, namely, Mr. B.P. Singh, I.A.S.

7. The Commissioner-cum-Secretary, Human Resources Development Department, Government of Bihar, New Secretariat, Patna, namely, Mr. A.K. Singh, I.A.S.

8. The Director, Department of Higher Education, Government of Bihar, New Secretariat, Patna, namely, Mr. J.P. Singh.

.... .... Opposite Parties.

=========================================================== Appearance :

For the Petitioner : Mr. Purshottam Kumar Jha, Advocate. For the State : Mr. Ramesh Kumar Singh- GP13. For the T.M.B. University : Mr. Anil Singh, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 18-02-2015 ------------- Heard.

2. The present contempt application has been filed asserting the non compliance of the order dated 20.04.2009 passed in C.W.J.C. No.604 of 2009 and its other analogous cases, whereunder the aforesaid writ application of the petitioner alongwith its analogous cases was disposed of with an observation that let the grievances/unpaid claim if any

Patna High Court MJC No.5211 of 2010 dt.18-02-2015 2/2 as raised in the aforesaid writ petitions may also be considered and disposed of by the Respondents in light of order dated 18.03.2008 passed in C.W.J.C. No.4303 of 2007 and analogous cases and Judgment of this Court passed on 23.07.2008 in L.P.A. No.434 of 2008 expeditiously preferably within a period of four months on receipt/production of certified copy of this order. The petitioners will be at liberty to submit their specific pending/claims alongwith certified copy of the present order.

3. Learned counsel appearing on behalf of the T.M. Bhagalpur University submits that in compliance of the order under contempt, the Vice Chancellor of the University has disposed of the representation of the petitioner vide order dated 18.02.2014, which would appear from Annexure-„A‟ to the show cause filed on behalf of the opposite party no.3 on 10.03.2014.

4. Since the order under contempt has already been complied with by the concerned opposite party(s), no further action is required to be taken. Accordingly, this contempt application stands disposed of. However, if the petitioner is aggrieved, he may move the Chancellor under Section 9 of the Universities Act, which representation should also be considered and disposed of within a reasonable time, as observed under order dated 18.03.2008 passed in C.W.J.C. No.4303 of 2007 and analogous cases.

(Rajendra Kumar Mishra, J) P.S./- U