Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17588 of 2012 ====================================================== 1. Rama Muni Singh S/O Sri Bhagwan Singh Resident Of Village- Rupi Bandh, Police Station- Karagahar, District- Rohtas. 2. Sarita Kunwar W/O Late Dhananjay Singh R/O Village- Betari, P.S- Bhabua, District- Kaimur At Bhabua 3. Sharwan Kumar Singh S/O Sri Baij Nath Singh Resident Of Village- Kamta, Police Station- Bhabua, District- Kaimur At Bhabua. 4. Sushil Kumar Singh S/O Ramashish Singh Resident Of Mohalla- Bhabua, Ward No. 19, P.S- Bhabua, District- Kaimur At Bhabua.
Legal Reasoning
5. Om Prakash Singh S/O Sri Shitla Prasad Singh Resident Of Village- Bahuwan, P.S- Bhabua, District- Kaimur At Bhabua. Versus 1. The Veer Kunwar Singh University, Ara, Through It'S Vice Chancellor, Ara, P.S- Ara, District- Bhojpur. 2. The Registrar, Veer Kunwar Singh University, Ara, P.S- Ara, District- .... .... Petitioner/s Bhojpur. 3. The Governing Body Of Manorma Devi Ram Rati Patel Degree Mahilla College, Bhabhua, Through It'S Predident Bhabua, P.S- Bhabua, District- Kaimur At Bhabua. 4. The President, Governing Body Of Manorma Devi Ram Rati Patel Degree Kaimur At Bhabua, P.S- Bhabua, District- Kaimur At Bhabua. 5. The Secretary, Governing Body Of Manorma Devi Ram Rati Patel Degree, Mahila College, Bhabua, P.S- Bhabhua, District- Kaimur At Bhabua. 6. The University Representive Of The Governing Body Of Manorma Devi Ram Rati Patel Degree Mahila College, Bhabua, P.S- Bhabua, District- Kaimur At Bhabua. 7. The Principal, Manorma Devi Ram Rati Patel Degree Mahila College, Bhabua, P.S- Bhabua, District- Kaimur At Bhabua. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.17707 of 2012 ====================================================== 1. Surendra Kumar Singh Son Of Late Tileshwar Prasad Singh Resident Of Village And Post Office - Ankorhi, P.S. Mohania, District - Kaimur At Bhabua 2. Asit Kumar Singh Son Of Late Chhotu Singh Resident Of Village - Dulahara, P.S. Chainpur, District - Kaimur At Bhabua 3. Kapil Muni Singh Son Of Late Sri Dayal Singh Resident Of Village - Ubadhi, Post Office - Kaniyari, P.S. Karagahar, District - Rohtas 4. Larendra Kumar Kundan Son Of Late Mundrika Singh Resident Of Village - Chitaini, P.S. - Kochas, District - Rohtas 5. Indu Kumari Wife Of Niranjan Kumar Singh, D/O Sri Bishnu Dayal Singh Resident Of Mohalla - Gaura-Kshani, P.S. Sasaram (Town) District - Rohtas 6. Dau Dayal Singh Son Of Sri Lakshaman Singh Resident Of Village - Patna High Court CWJC No.17588 of 2012 (2) dt.11-07-2013 2 Post Office And Police Station - Sonahan, District - Kaimur At Bhabua Versus 1. The Veer Kunwar Singh University, Ara, Through Its Vice Chancellor, Ara, P.S. Ara, District - Bhojpur 2. The Registrar, Veer Kunwar Singh University, Ara, P.S. Ara, District - .... .... Petitioner/s Bhojpur 3. The Governing Body Of Manorama Devi Ram Rati Patel Degree Mahila College, Bhabua, Through Its President, Bhabua, P.S. Bhabua, District - Kaimur At Bhabua 4. The President, Governing Body Of Manorma Devi Ram Rati Patel Degree Mahila College, Bhabua, P.S. Bhabua, District - Kaimur At Bhabua 5. The Secretary, Governing Body Of Manorma Devi Ram Rati Patel Degree Mahila College, Bhabua, P.S. Bhabua, District - Kaimur At Bhabua 6. The University Representative Of The Governing Body Of Manorma Devi Ram Rati Patel Degree Mahila College, Bhabua, Police Station Bhabua, District - Kaimur At Bhabua 7. The Principal, Manorma Devi Ram Rati Patel Degree Mahila College, Bhabua, P.S. Bhabua District - Kaimur At Bhabua .... .... Respondent/s ====================================================== Appearance : (In CWJC No.17588 of 2012) For the Petitioner/s : Mr. Arun Kumar Singh, No.4 For the University : Mr. Sarva Deo Singh For the Respondent No.7 : Mr. Devendra Kumar Sinha, Sr. Adv. Mr. Abhinay Raj, Adv. (In CWJC No.17707 of 2012) For the Petitioner/s : Mr. Arun Kumar Singh, No.4 For the University : Mr. Sarva Deo Singh For the Respondent No.7 : Mr. Devendra Kumar Sinha, Sr. Adv. Mr. Abhinay Raj, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 11-07-2013 Heard learned counsel for the parties. The grievance of the petitioners in both the writ applications relates to actual payment of the amount of grant being released by the State Government towards salary and emoluments Patna High Court CWJC No.17588 of 2012 (2) dt.11-07-2013 3 to the teaching and non-teaching staff of the affiliated colleges by way of grant-in-aid. Neither the State Government nor the University have any administrative or disciplinary control over the employee of the affiliated college. If there is any dispute with regard to the sanctioned post and the person working thereon, it is the appointing authority, namely, the Governing Body of the affiliated college, which has to take a final decision. If any one is aggrieved with such decision, the remedy for him will be either moving the Civil Court or the authority under the Bihar State University Act and statute framed thereunder. Learned counsel for the petitioners relies on an order of the Vice Chancellor dated 30.6.2012 constituting a Three Men Committee and the order of this Court dated 12.9.2012 in CWJC No. 16746 of 2012 taking note of such Committee. Counsel has in fact informed this Court that pursuant to the order of this Court, the Committee has already submitted a report to the University but, no final decision has been taken by the University. This Court fails to understand as to what decision the University was supposed to take in the matter save and except that if there was any mismanagement in the college, affiliation of the college could have been cancelled. Beyond that, in terms of Section 59 of the Bihar State University Act, no other control is Patna High Court CWJC No.17588 of 2012 (2) dt.11-07-2013 4 available with the University over the affiliated college. As with regard to the grievance of the petitioners for non-payment of their salary from the grant-in-aid released, it is the State Government which has to find out the utilization to be made of such grant. The State Government again cannot select any person of an affiliated college for being given such grant-in-aid. Having regard to all these settled positions, all that this Court can do would give liberty to the petitioners to move the Director, Higher Education for examining as to whether the petitioners would qualify for grant-in-aid. It is, however, made clear that this Court has expressed no opinion on such claim of the petitioners because for them, the ultimate decision will be in the hand of the Governing Body of the affiliated college. With the aforementioned observations, both of these
Decision
applications are disposed of. (Mihir Kumar Jha, J) Rishi/-