Patna High CourtCWJC/18989/2016allowed

Governing Body Of Syed Nehal Ahsan Evening College, v. The State Of Bihar And ORS

2016-12-15Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18989 of 2016 =========================================================== Governing Body of Syed Nehal Ahsan Evening College, Barh through its Secretary Syed Shah Ali Sajjad Alam @ Shah Ali Sajjad Son of Late Syed Shah Sharfe Alam resident of Mohalla-Khalifabagh, P.S.- Kotwali, Town & District- Bhagalpur. .... .... Petitioner

Versus

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

2. The Joint Secretary, Human Resources Development Department, Government of Bihar, Patna

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

4. Magadh University, Bodh Gaya through its Vice Chancellor

5. The Registrar, Magadh University, Bodh Gaya

6. The Principal, Syed Nehal Ahsan Evening College, Barh

7. The Member of Parliament, Barh, Patna

8. The Sub Divisional Officer, Barh, Patna

9. Prof. Israeel Khan, University Representative, Magadh University, Bodh Gaya .... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. P.K. Shahi, Senior Advocate Mr. Syed Hussain Mazeed, Advocate Mr. Ranjay Kumar Singh, Advocate Mr. Ravish Chandra, Advocate For the State :

A.C. to AAG15 For the University :

Mr. Girijesh Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 15-12-2016 Heard learned senior counsel for the petitioner, counsel for the State as well as the University.

2. Keeping in mind the decision, which has been rendered in the case of Milli Trust vs. The State of Bihar & Ors., reported in 2016 (4) PLJR 853, decided by a Division Bench on 27.10.2016, which has declared Section 60(1) of the Bihar Universities Act as well as proviso to Para 1 of the Statute No.32

Patna High Court CWJC No.18989 of 2016 dt.15-12-2016 2 / 2 framed under the Bihar Universities Act, 1976 having been declared to be ultra vires, the notification contained in Annexure-9, dated 16.09.2016 now is required to be quashed.

3. Writ is allowed. The respondents will now take a decision, if they still can, keeping in view the development which has taken place in law.

(Ajay Kumar Tripathi, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.12.2016 Transmission Date NA