Patna High Court - Orders
Lalganj College Lalganj, Vaishali vs The State Of Bihar Through Sri R. K. ... on 27 September, 2018
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.38 of 2016
In
Civil Writ Jurisdiction Case No. 8899 of 2012
======================================================
Chaurasiya Raj Kishore College
.... .... Petitioner/s
Versus
The State of Bihar Through The Principal Secretary Human Resources
Deelopment Department Govt. of Bihar Patna Namely Shri R.k.mahajan
& Ors
.... .... Respondent/s
======================================================
with
Miscellaneous Jurisdiction Case No.1865 of 2015
IN
Civil Writ Jurisdiction Case No. 8932 of 2012
======================================================
Raja Ram Sah Degree ( Evening ) College
.... .... Petitioner/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
======================================================
with
Miscellaneous Jurisdiction Case No.1888 of 2015
IN
Civil Writ Jurisdiction Case No. 9052 of 2012
======================================================
Dr. Ram Balak Roy Degree College
.... .... Petitioner/s
Versus
The State of Bihar Through Sri R. K. Mahajan, The Principal Secretary,
Human Resources Development Department, Govt. of Bihar & Ors
.... .... Respondent/s
======================================================
with
Miscellaneous Jurisdiction Case No.1889 of 2015
IN
Civil Writ Jurisdiction Case No. 14642 of 2012
======================================================
Shri Ram Janki Swamy Sahjanand Saraswati Snatak Mahavidyalay
.... .... Petitioner/s
Patna High Court MJC No.38 of 2016 (4) dt.27-09-2018 2
Versus
The State of Bihar Through Sri R. K. Mahajan, The Principal Secretary,
Human Resources Development Department, Govt. of Bihar & Ors
.... .... Respondent/s
======================================================
with
Miscellaneous Jurisdiction Case No.1894 of 2015
IN
Civil Writ Jurisdiction Case No. 15098 of 2012
======================================================
Lakshmi Devi Sachhidanand Singh Evening Degree College
.... .... Petitioner/s
Versus
The State of Bihar Through Sri R. K. Mahajan, The Principal Secretary,
Human Resources Development Department, Govt. of Bihar & Ors
.... .... Respondent/s
======================================================
with
Miscellaneous Jurisdiction Case No.2047 of 2015
IN
Civil Writ Jurisdiction Case No. 9252 of 2012
======================================================
Nitishwar Singh Degree College
.... .... Petitioner/s
Versus
The State of Bihar Through Principal Secretary , H. R. D. Deptt& Ors
.... .... Respondent/s
======================================================
with
Miscellaneous Jurisdiction Case No.1867 of 2015
IN
Civil Writ Jurisdiction Case No. 10024 of 2012
======================================================
Pandit Deen Dayal Upadhyay Evening Degree College
.... .... Petitioner/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
======================================================
with
Miscellaneous Jurisdiction Case No.3434 of 2015
IN
Civil Writ Jurisdiction Case No. 8730 of 2012
======================================================
Roy Birendra Singh College Kutubpur Kothi Vaishali Through Its Secretary
Shri Pawan Kumar
.... .... Petitioner/s
Versus
The State of Bihar Through The Principal Secretary Human Resources
Development Department Govt. of Bihar Patna Namely Shri R.k.mahajan
& Ors
.... .... Respondent/s
Patna High Court MJC No.38 of 2016 (4) dt.27-09-2018 3
======================================================
with
Miscellaneous Jurisdiction Case No.1890 of 2015
IN
Civil Writ Jurisdiction Case No. 8686 of 2012
======================================================
Lalganj College Lalganj, Vaishali
.... .... Petitioner/s
Versus
The State of Bihar Through Sri R. K. Mahajan, The Principal Secretary,
Human Resources Development Department, Govt. of Bihar & Ors
.... .... Respondent/s
======================================================
with
Miscellaneous Jurisdiction Case No.1891 of 2015
IN
Civil Writ Jurisdiction Case No. 10023 of 2012
======================================================
Mahavir Upadhyay Memorial Degree College
.... .... Petitioner/s
Versus
The State of Bihar Through Sri R. K. Mahajan, The Principal Secretary,
Human Resources Development Department, Govt. of Bihar & Ors
.... .... Respondent/s
======================================================
Appearance :
(In MJC No.38 of 2016)
For the Petitioner/s : Mr. Arun Kumar,Adv.
Mr. Raghubir Chandrayan, Adv.
For the Respondent/s : Mr. G.P. Ojha, GP22
For the University : Mr. Sandeep Kr., Adv.
Mr.Nikhil Kr. Agrawal, Adv.
(In MJC No.1865 of 2015)
For the Petitioner/s : Mr. Arun Kumar
For the Respondent/s : Mr. Ashok Kumar Keshri
(In MJC No.1888 of 2015)
For the Petitioner/s : Mr. Arun Kumar
For the Respondent/s : Mr. Anjani Kumar,AAG6
(In MJC No.1889 of 2015)
For the Petitioner/s : Mr. Arun Kumar
For the Respondent/s : Mr. Kumar Manish,SC 21
(In MJC No.1894 of 2015)
For the Petitioner/s : Mr. Arun Kumar
For the Respondent/s : Mr. Kundan Bhadur Singh
(In MJC No.2047 of 2015)
For the Petitioner/s : Mr. Arun Kumar
For the Respondent/s : Mr. A K Chaudhary, AAG 13
(In MJC No.1867 of 2015)
For the Petitioner/s : Mr. Arun Kumar
For the Respondent/s : Mr. Kinkar Kumar
(In MJC No.3434 of 2015)
For the Petitioner/s : Mr. Arun Kumar
Patna High Court MJC No.38 of 2016 (4) dt.27-09-2018 4
For the Respondent/s : Mr. Yogendra Pd. Sinha
(In MJC No.1890 of 2015)
For the Petitioner/s : Mr. Arun Kumar
For the Respondent/s : Mr. S.Raza Ahmad
(In MJC No.1891 of 2015)
For the Petitioner/s : Mr. Arun Kumar
For the Respondent/s : Mr. S.K. Jha, GP 3
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
4 27-09-2018The supplementary show cause filed on behalf of O.P. Nos.3 to 6. is liable to be rejected for simple reasons, firstly, that way back in the year 2012 at the instance of the University taking note of the statement made in their counter affidavit in Paragraph No. 10, the learned writ Court had issued a direction to send the approval to refer the matter of permanent affiliation to the State Government. The respondent University was directed to send the approval of Senate for grant of permanent affiliation to the State Government within a period of two weeks which has not been done so far, secondly, for the reason that when this Court granted them adjournments after filing of the contempt application in the year 2015 copies of which were served upon learned counsel for the University on 14.07.2015, this Court had an expectation that the University shall come out with the compliance of the order of the learned writ Court within a reasonable time but that also did not happen. On last occasion this Court had adjourned the matter Patna High Court MJC No.38 of 2016 (4) dt.27-09-2018 5 on 12.09.2018 sufficiently indicating that the delay on the part of the University is not complying with the order of the learned writ Court is abnormal and inordinate delay. No reason whatsoever has been shown in the show cause filed on behalf of the University.
When the matter was taken up today, Mr. Sandeep Kumar, learned counsel representing the University tried to demonstrate before this Court that Annexure 'C' is a letter dated 25.04.2018 written by the O.S.D to the Chancellors' Secretariat to the Vice-Chancellor of all the Universities wherein a time frame has been fixed for initiating the process and approval of affiliation of the Colleges and according to that time frame the final report is required to be submitted to the State Government on or before 15th January. At the first glance, this Court was given to understand that the case of the petitioners are equally covered under the time frame indicated in Annexure 'C' but when this Court has gone through the same, it is found that this Annexure 'C' has nothing to do with the steps required to be taken towards compliance of the order of the learned writ Court. Annexure 'C' talks of cases of general affiliation of the Colleges.
In the present cases, the facts are different, situations are different and directions of the learned writ Court are in terms Patna High Court MJC No.38 of 2016 (4) dt.27-09-2018 6 of the statements made by the University in the counter affidavit. The show cause filed today has only mentioned that the issue of permanent affiliation was placed in the Senate meeting held on 19.03.2016 but the said proceeding of the meeting could not get confirmed by the the then Vice-Chancellor and in the meantime, the Vice-Chancellor has also been changed. It is further mentioned that in the subsequent Senate meeting held on 2017 the minutes of the meeting dated 19.03.2016 was not confirmed.
In the opinion of this Court, the explanation furnished with reference to the Senate meeting held on 19.03.2016 is a mere eyewash. No efforts seems to have been taken at all through all these six years by now to comply with order of the learned writ Court. No plausible and cogent cause/development has been shown to justify the non-compliance so far.
Even the last order of this Court has not moved the University ahead, therefore, while rejecting the show cause as stated above, this Court is constraint to call upon the Vice- Chancellor of Baba Rao Ambedkar Bihar University, Muzaffarpur, to appear in person on 29th October, 2018 to receive the charges so that the proceeding for contempt be initiated against him.
At this stage, learned Counsel for the University has Patna High Court MJC No.38 of 2016 (4) dt.27-09-2018 7 prayed that the Vice-Chancellor may be given four weeks time to purge the contempt. Taking note of the same, this Court would record that the passing of this order will not come in the way of the Vice-Chancellor in purging the contempt. If the contempt is purged, this Court will consider on the next date as to what view may be taken in the facts and circumstances of the present case. In case the contempt is purged, the Vice-Chancellor will be at liberty to file an application seeking exemption from personal appearance from this Court.
(Rajeev Ranjan Prasad, J) R.R.Ojha.
U