Rajeshwar Lall Mahavidyalay Ali Nagar, Nalanda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18295 of 2023 ====================================================== Rajeshwar Lall Mahavidyalay Ali Nagar, Nalanda through its Professor-inCharge Arbind Kumar Singh, aged about- 60 Years (Male), Son of Late Ram Chandra Prasad, Resident of - 147, Mohan Bazar, Sabaldih, Dhanbad, Jharkhand 828119, and at present residing at - Anand Nagar, Dekuli Ghat, P.S. and District - Bihar Sharif, Nalanda.
... ... Petitioner/s
Versus
1.
The State Of Bihar through its Additional Chief Secretary, Education Department, New Secretariat, Patna.
2.
The Director, Higher Education, Education Department, Bihar, New Secretariat, Patna.
3.
The Pataliputra University, Old By-pass, Near Rajendra NagarTerminal, Patna- 800020, through its Registrar.
4.
The Vice-Chancellor, Pataliputra University, Old By-Pass,Near Rajendra Nagar Terminal, Patna- 800020.
5.
Dr. Praveen Shankar, Son of- Late Rajeshwar Lall, Resident of- 59, Patliputra Colony, P.S. - Patliputra, Patna- 800013. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Priyadarshi, Sr. Adv.
For the State :
Mr. Sanjay Kumar, AC to Ex.G.A. 13 For the University :
Mr. Rana Vikram Singh Ms. Rasika ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2025
1. Heard learned Counsel for the parties concerned.
2. The petitioner is aggrieved by order, dated 18.10.2023, passed by the Director, Higher Education, by which the Patliputra University has been requested to consider the claim of one Dr. Praveen Shankar, as donar member in the Governing Body.
3. Learned Senior Counsel for the petitioner submits that the impugned order issuing direction by the Government is
Patna High Court CWJC No.18295 of 2023(2) dt.15-04-2025 2/2 without jurisdiction inasmuch as the Government cannot ask the University to consider anybody as the donar member in the Governing Body.
4. Learned Counsel for the University and the State jointly submit that prior to the issuance of the impugned letter, the claim of Dr. Praveen Shankar, respondent no. 5, was considered and he was found unfit to be a member of the Governing Body as a donor.
5. Having considered the submissions advanced on behalf of the parties and the fact that the University has rejected the claim of respondent no. 5, vide order, dated 03.03.2022, to be the donor member of the Governing Body of the College and the impugned letter is in the nature of request only, this writ application is disposed with liberty to the petitioner to take appropriate step if any fresh cause of action arises.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √