Chunchun Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8566 of 2018 ====================================================== Chunchun Prasad Yadav S/o Late Jageshwar Yadav, resident of Village, P.O and P.S.- Katoria, District- Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna 2.

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

3.

The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur. 4.

The Registrar, T.M. Bhagalpur University, Bhagalpur. 5.

The Principal S.P. Yadav College, Katoria, Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Prasad Sah @ Baranwal, Advocate Mr.Dhirendra Kumar Jha, Advocate For the Respondent/s :

Smt. Shilpa Singh- G.A.-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 23-11-2020 Petitioner has prayed for following relief(s) : - "(i) For directing a high level enquiry to be made to enquire into the allegations committed in granting affiliation to the S.P. Yadav College, Katoria, Banka, which has been granted in complete disregard to the provisions for grant of affiliation to a degree college.

(ii) For also directing the respondents to cancel the affiliation granted to the S.P. Yadav College, Katoria, Banka by the Respondent T.M., Bhagalpur University illegally, based on fraudulent documents.

(iii) For any other relief or reliefs for which the petitioner may be found entitled in the facts

Patna High Court CWJC No.8566 of 2018 dt.23-11-2020 2/3 and circumstances of the case."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation which the petitioner shall be filing for redressal of the grievance(s). Learned counsel for the respondents states that if such a representation is filed by the petitioner within the stipulated time, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of four weeks from the date of its filing along with a copy of this order.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties.

Patna High Court CWJC No.8566 of 2018 dt.23-11-2020 3/3 Liberty reserved to the petitioner to approach the Court if the need so rises subsequently on the same and subsequent cause of action.

We have not expressed any opinion on merits.

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, also stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) chn/- AFR/NAFR CAV DATE Uploading Date 01.12.2020 Transmission Date