S. M. Naiyar Imam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8337 of 2016 ====================================================== S. M. Naiyar Imam S/o late S.M. Zareef P.O. and P.S. Bahera, District Darbhanga, at present R/o 101, "B" Hytech Apartment, Road No. 3 New Patliputra Colony, Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Governor-Cum-Chancellor, Universities of Bihar, Governor Secretariat, Raj 3.

The Additional Secretary,Governor Secretariat , Raj Bhawan, Patna. 4.

The Vice Chancellor Maulana Mazhrul Haque, Arabic and Persian University , 5 Bailey Road, Patna.

5.

The Registrar, Maulana Mazrul Haque Arabic and Persian University, 5 Bailey Road, Patna.

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

For the Petitioner/s :

Mr. Ranjeet Choubey For the State :

Dr. Md. Raisul Haque, SC-10 For the University :

Mr. Rashid Izhar For the Respondent-2&3:

Mr. Janardan Prasad Singh, Sr. Adv.

Mr. Rajiv Ranjan Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-07-2024

1. Learned counsel for the petitioner submits that now the petitioner does not want to become a Life Member of the Senate of the Maulana Mazhrul Haque Arabic and Persian Universiy, Patna and accordingly prays that the University may be directed to refund the amount deposited by the petitioner.

2. As per the requirement of the Section 18 (13) of the Bihar State Universities Act, 1976, the petitioner deposited a sum of Rs. One Lakh before the Registrar of the

Patna High Court CWJC No.8337 of 2016(5) dt.02-07-2024 2/3 University vide three demand drafts bearing nos. 441894, 441895 and 4418966, dated 25.08.2010.

3. Learned counsel for the University submits that after written request made by the petitioner before the Vice Chacellor of the University for refund of the aforesaid amount, the same shall be considered in accordance with law within a period of four weeks.

4. Mr. Janardan Prasad Singh, learned senior counsel appearing for the Hon'ble Chancellor submits that if the petitioner is not willing to become a Life Member of the Senate of the University, the University may consider for refund of the amount in accordance with law.

5. Regards being had to the rival submissions of the parties and taking into consideration the fact that now the petitioner is not willing to become a Life Member of the Senate of the University, the petitioner is permitted to submit an application for refund of the amount before the Registrar of the University, who shall consider the claim of the petitioner for refund in accordance with law within a period of one month from the date of filing of the application by the petitioner.

6. With the aforesaid observation and direction, this writ

Patna High Court CWJC No.8337 of 2016(5) dt.02-07-2024 3/3 application is, accordingly, disposed.

(Anil Kumar Sinha, J) ashwani/- U