Chhotak Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4438 of 2018 ======================================================

1. Chhotak Kumar, Son of Late Vishwanath Kunwar, Resident of Village+Post- Dumari, District- Buxar, presently posted as lecturer in the subject of English from Dharikshna Kunwai Memorial College, Dumari (Buxar).

2. Harimohan Kumar, S/o Late Ganga Sagar Kumar, Resident of Village+Post- Dumari, District- Buxar, presently posted as lecturer in the subject of Economics from Dharikshna Kunwai Memorial College, Dumari (Buxar).

3. Anand Kumar Rai, Son of Late Raj Kishore Rai, Resident of Village+Post- Gedur, District- Gajipur (U.P.), presently posted as lecturer in the subject of Psychology from Dharikshna Kunwai Memorial College, Dumari (Buxar).

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Director, Higher Education, Govt. of Bihar, Patna.

3. The Vice-Chancellor, Veer Kunwar Singh University, Ara.

4. The Registrar, Veer Kunwar Singh University, Ara.

5. The University Selection Committee, Veer Kunwar Singh University, Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Advocate For the Respondent/s :

Mr. J.K. ROY NO. 1- SC13 For the University : Mr. Rajesh Prasad Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-03-2018 Heard learned counsel for the parties.

2. The grievance of the petitioners is that there is no Governing Body or Adhoc Committee of Dharikshna Kunwari Memorial College, Dumari, Buxar, which according to the petitioners is a College affiliated to Veer Kunwar Singh

Patna High Court CWJC No.4438 of 2018(2) dt.13-03-2018 2/3 University, Ara.

3. The petitioners claim that they are working in the College as Teachers. The petitioners apprehend that if the Adhoc Committee for the said College is not constituted, they will be losing the chance of benefit of concurrence of their services, in view of the provisions under Section 57A of the Bihar State Universities Act, 1976 as amended through Bihar State Universities (Amendment) Act, 2017.

4. Considering the nature of the grievance of the petitioners, this application is disposed of with a direction to the Vice-Chancellor, Veer Kunwar Singh University, Ara to consider the question of constitution of Adhoc Committee within one week from the date of receipt/production of a copy of this order, if not already constituted.

5. It is made clear that in the absence of any counter affidavit on record since the matter is being disposed of on the very first date and observation made in this order should not be treated to be an expression of opinion as to whether the College has in fact affiliated status within the meaning of the provisions of the Universities Act.

6. The Vice-Chancellor of the Veer Kunwar Singh University, Ara will be at liberty to take his own decision in

Patna High Court CWJC No.4438 of 2018(2) dt.13-03-2018 3/3 respect of the constitution of the Adhoc Committee irrespective of any observation made in this order, in accordance with law within the stipulated time.

7. This application stands disposed of.

(Chakradhari Sharan Singh, J) arun/- U