Prof. Dr. Akhilesh Kumar Verma v. The State Of Bihar Through The Chancellor, Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3801 of 2018 In Miscellaneous Jurisdiction Case No.4349 of 2009 ====================================================== Prof. (Dr.) Akhilesh Kumar Verma S/o Late Jagdam Sahay Resident of Mohalla - Parao Pokhar Lane No. - 03, Amgola, Post - Ramna, P.S. - Kazi Mohammadpur, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chancellor, Bihar 2.

The Secretary, Higher Education, Government of Bihar, Patna Sri Anjani Prasad Sinha 3.

The Director, Higher Education, Government of Bihar, Patna Sri K.K. Pathak.

4.

The Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur, Sri Rajdeo Singh 5.

The Secretary, Bihar College Services Commission, Patna not in function. 6.

The President Governing Body, Shyamnandan Sahay College, Muzaffarpur Sri Ravi Nandan Sahay.

7.

The Secretary, Governing Body, Shyamnandan Sahay College, Muzaffarpur Shri Shashi Pd. Bhushan Sinha.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhakar Nath Rai For the Opposite Party/s :

Mr.Ashutosh Ranjan Pandey - AAG 15 Mr. Vinay Kumar Mishra, A.C. to AAG 15 For the University : Mr. Zaki Haider For the private respondent : Mr. Pramod Kumar Sinha Mr. Arvind Kumar Sharma Mr. Chetan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-03-2020 Nobody appears on behalf of the petitioner.

This Court by order dated 09.07.2009 passed in C.W.J.C. No.1255 of 2006 directed the University to consider the representation of the petitioner and pass order in accordance with law. When the order of this Court was not complied with, the petitioner filed M.J.C. No.4349 of 2009 and this Court by order dated 10.11.2017 found that the Managing Committee of

Patna High Court MJC No.3801 of 2018(6) dt.06-03-2020 2/2 Shyamnandan Sahay College was not made party in C.W.J.C. No.1255 of 2006 and accordingly, the University did not consider the representation of the petitioner as no decision was communicated to the Vice Chancellor by the Governing Body of the college. Governing Body of the college was not made party. Accordingly, the contempt petition was disposed of with liberty to the petitioner to file petition before the President, Governing Body of Shyamnandan Sahay college through the Secretary, Governing Body and on such, Governing Body shall take decision. Such decision shall be communicated to the Vice Chancellor and thereupon the Vice Chancellor shall take decision.

Learned counsel for the Governing Body submits that in pursuance of the order, the Governing Body took decision on the representation of the petitioner that the college was affiliated as non-aided college and the petitioner has got no dues lying against the college. On such recommendation, the Vice Chancellor also took decision that no payment can be made to the petitioner as he was working in a non-aided college duly affiliated to the University.

Having considered the submissions, I find that the order has already been complied and no further action is required. Accordingly, this contempt petition is dismissed. Saurabh/- (Prabhat Kumar Jha, J) U