Maya Mishra And ORS. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.6352 of 2012 ======================================================

1. Maya Mishra, wife of Siddharath Mishra

2. Abhay Narayan Mishra

3. Mukesh Kumar Mishra

4. Shivnarayan Mishra, sons of Siddhnath Mishra .... .... Petitioner/s

Versus

1. The State Of Bihar throughthe Secretary, Education Department, Patna, Bihar

2. Dr. Arvind Kumar Pandey, Vice Chancellor, The Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga

3. Dr. Sudhir Kumar Chaudhary, The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga

4. Sri Baidyanath Mishra, Principal Of Sri Mahanth Satanand Giri Harihar Sanskrit Mahavidyalaya, Bodh Gaya ( Gaya )

5. Sri Ram Prapanna Sharma, Secretary Giri Harihar Sanskrit Mahavidyalaya, Bodh Gaya ( Gaya ) .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binodanand Mishra For the Respondent/s : Mr. Prabhakar Tekriwal Ga1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-09-2015 Heard the parties.

This application has been filed for initiation of a contempt proceeding for violation of the order dated 11.5.2012 passed in C.W.J.C. No.9345 of 2012. While disposing of the aforesaid writ petition this Court has passed the following order:

"However, this writ application is disposed of with direction to the officials of the University to find out as to whether any direction to this effect was sent to the College concerned or not and as to why Governing Body of the College concerned has not passed a resolution in terms of the decision of the

Patna High Court MJC No.6352 of 2012 (17) dt.10-09-2015 Syndicate. Officials of the University shall also issue directions to all the Governing Bodies to hold their meeting, not later than three months from the date of issue of such directions and take decision in the light of resolution of the Syndicate and submit a necessary proposal to the University within two months in order to facilitate issue of necessary notification."

Learned counsel for the University has filed a supplementary show-cause where it has been mentioned that the Government vide letter no.2298 dated 19.12.2013 rejected the proposal of affiliation of the College in question and as such the College in question is no longer in under their control. Hence the order that has been passed by this Court cannot be carried out as College has already been derecognized by the State Government.

In such view of the matter, the present contempt proceeding can not be proceeded any further.

Accordingly this application is dismissed.

(Shivaji Pandey, J) Vinay/- U