Patna High Court - Orders
Deo Narayan Sharma vs The T. M. Bhagalpur University & Ors on 28 March, 2018
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 5687 of 2016
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Bijay Kumar Mandal S/o Late Baldeo Mandal, R/o Village + P.O.- Sahpur,
P.O.- Narayanpur, P.S.- Bihpur, District- Bhagalpur (Bihar).
.... .... Petitioner/s
Versus
1. The T. M. Bhagalpur University, Bhagalpur through its Registrar.
2. The Vice-Chancellor, T. M. Bhagalpur University, Bhagalpur.
3. The Financial Advisor, T. M. Bhagalpur University, Bhagalpur.
4. The Registrar, T. M. Bhagalpur University, Bhagalpur.
5. The Finance Officer, T. M. Bhagalpur University, Bhagalpur.
6. The University Auditor, T. M. Bhagalpur University, Bhagalpur.
7. The Principal, J.P. College, Narayanpur, District- Bhagalpur.
8. The State of Bihar, through the Principal Secretary, Education
Department, Government of Bihar, New Secretariat, Patna.
9. The Director, Department of Higher Education, Government of Bihar,
Patna.
10. The In-charge, State Govt.'s Auditors Team, deputed at T. M. Bhagalpur
University, Bhagalpur.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No. 18659 of 2015
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Shashi Dhar Jha, S/o Lt. Subhit Narayan Jha R/o Village+P.O.-
Bhramarpur, P.S. Bihpur, District Bhagalpur (Bihar).
.... .... Petitioner/s
Versus
1. The T. M. Bhagalpur University, Bhagalpur, through its Registrar.
2. The Vice Chancellor, T. M. Bhagalpur University, Bhagalpur.
3. The Financial Advisor, T. M. Bhagalpur University, Bhagalpur.
4. The Registrar, T. M. Bhagalpur University, Bhagalpur.
5. The Finance Officer, T. M. Bhagalpur University, Bhagalpur.
6. The University Auditor, T. M. Bhagalpur University, Bhagalpur.
7. The Principal, J.P. College, Narayanpur, District-Bhagalpur.
8. The State of Bihar, through the Principal Secretary, Education
Department, Government of Bihar, New Secretariat, Patna.
9. The Director, Department of Higher Education Government of Bihar
Patna.
10. The In-charge, State Govt's Auditors Team, deputed at T.M. Bhagalpur
University, Bhagalpur.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No. 9711 of 2015
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Deo Narayan Sharma, Son of Late Maharaj Sharma, R/o Village Sakhua,
P.O. Mahespur, P.S. Sahnaula, District Bhagalpur (Bihar).
.... .... Petitioner/s
Versus
1. The T. M. Bhagalpur University, Bhagalpur, through its Registrar.
Patna High Court CWJC No.5687 of 2016 (18) dt.28-03-2018
2/7
2. The Vice-chancellor, T.M. Bhagalpur University, Bhagalpur.
3. The Registrar, T.M. Bhagalpur University, Bhagalpur.
4. The Finance Officer, T.M. Bhagalpur University, Bhagalpur.
5. The Principal S.M. College, Bhagalpur.
6. The State of Bihar, through the Principal Secretary, Education
Department, Government of Bihar, New Secretariat, Patna.
7. The Director, Department of Higher Education Government of Bihar,
Patna.
8. The In-charge State Govt's Auditors Team, Deputed at T.M. Bhagalpur
University, Bhagalpur.
9. The Chief Secretary, Government of Bihar, Patna.
10. The Director General of Police, Bihar, Patna.
11. The District Magistrate, Bhagalpur.
12. The Senior Superintendent of Police, Bhagalpur.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No. 6663 of 2016
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Niranjan Kumar, Son of Late Bhujangi Kumar, R/o Village- Pansalla, P.S.-
Bath, Town & District- Bhagalpur.
.... .... Petitioner/s
Versus
1. The T. M. Bhagalpur University, Bhagalpur, through its Registrar.
2. The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur.
3. The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur.
4. The Financial Advisor, T.M. Bhagalpur University, Bhagalpur.
5. The Finance Officer, T.M. Bhagalpur University, Bhagalpur.
6. The University Auditor, T.M. Bhagalpur University, Bhagalpur.
7. The Principal B.N. College, Bhagalpur, Town & District- Bhagalpur.
8. Accounts- in-Charge, B.N. College, Bhagalpur namely, Mr. Gita Nand
Prasad Singh, S/o Name not known to the petitioner.
9. Accounts Assistant, B.N. College, Bhagalpur namely, Mr. Rang Nath
Pandey, S/o Name not known to the petitioner.
10. The State of Bihar, through the Principal Secretary, Education
Department, Government of Bihar, New Secretariat, Patna.
11. The Director, Department of Higher Education, Government of Bihar,
Patna.
12. The In-charge, State Govt.'s Auditors Team deputed at T.M. Bhagalpur
University, Bhagalpur.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No. 8000 of 2016
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Naresh Prasad Tiwari, Son of Sudama Tiwary, Resident of Parvato Bhawan,
Rajdhar, Kahalgaon, Bhagalpur, Bihar.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. Tilka Manjhi Bhagalpur University through the Vice Chancellor.
Patna High Court CWJC No.5687 of 2016 (18) dt.28-03-2018
3/7
3. Tilka Manjhi Bhagalpur University through the Registrar.
4. The Head of the Department, Hindi Department, Tilka Manjhi
Bhagalpur University, Bhagalpur.
.... .... Respondent/s
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Appearance :
(In CWJC No.5687 of 2016)
For the Petitioner/s : Mr.
For the Respondent/s : Mr.
(In CWJC No.18659 of 2015)
For the Petitioner/s : Mr.
For the Respondent/s : Mr.
(In CWJC No.9711 of 2015)
For the Petitioner/s : Mr.
For the Respondent/s : Mr.
(In CWJC No.6663 of 2016)
For the Petitioner/s : Mr.
For the Respondent/s : Mr.
(In CWJC No.8000 of 2016)
For the Petitioner/s : Mr.
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL ORDER
18 28-03-2018Mr. Anjani Kumar, learned senior counsel appearing for the T. M. Bhagalpur, University (hereinafter referred to as the 'University') made a motion before the Court that he has been informed by the Vice Chancellor that despite the specific order of the Court dated 26.03.2018, directing for immediate corrective measures with regard to the lock out of the University offices, the situation has worsened and in fact as per newspaper reports, the Pro-Vice Chancellor; D.S.W. and the Protoctor were held hostage for eight hours. Mr. Purushottam Kumar Jha, learned counsel appearing for the petitioners submitted that as per his information, the officers of the Patna High Court CWJC No.5687 of 2016 (18) dt.28-03-2018 4/7 University have even been manhandled by the agitating mob.
2. The Court records its deep anguish and disappointment at the way the administration is functioning, especially with regard to orders passed by the Court which are blatantly and with complete impunity flouted. On the last occasion, the Court had directed for the Chief Secretary, Bihar; Director General of Police, Bihar; District Magistrate, Bhagalpur and the Senior Superintendent of Police, Bhagalpur to be impleaded as respondents in C.W.J.C. No. 9711 of 2015 and learned A.A.G. 11, who had accepted notice on their behalf was required to communicate the order to the concerned respondents for taking immediate corrective measures. Despite the urgency shown by the Court and recorded in its order, the relevant portion of which reads as under:
"12. The Court makes it clear that if it transpires that immediate corrective measures are not taken by the district authorities to ensure that there is no lock out or impediment caused or blockage made in the functioning and opening of the office of the University and also adequate arrangements are not made for ensuring that the officers and other employees of the University are able to come to the office of the University immediately, the Court shall be constrained to take a strict view and this may also disentitle the newly added respondents from any explanation by them being accepted."Patna High Court CWJC No.5687 of 2016 (18) dt.28-03-2018 5/7
when learned A.A.G. 11 was called upon, he submitted that he had telephonically informed the Senior Superintendent of Police, Bhagalpur yesterday in the afternoon.
3. Be that as it may, as this is not the first direction on the issue to the Chief Secretary; Director General of Police and the district officials and is in continuity with reference to the earlier orders of the Court passed in C.W.J.C. No. 18581 of 2015 and C.W.J.C. No. 11596 of 2017, even without any specific order in the present case, it was the obligation and duty of the concerned officials to ensure that the office of the Universities in the State of Bihar are not locked up so as to prevent the officers from entering the premises to discharge their duties. If what has been brought on record and submitted before the Court is true, it indicates a serious situation on the ground and may be a reflection of the paralysis which has gripped the officers, especially the district administration.
4. The Court, thus, directed the matter to be notified at 4.00 P.M. and was constrained to call upon the learned Advocate General in the first sitting of the Court itself and he had assured that he would get back to the Court at 4.00 P.M. with up- to-date instructions. At 4.00 P.M., the learned Advocate General produced a letter jointly singed by the District Magistrate, Patna High Court CWJC No.5687 of 2016 (18) dt.28-03-2018 6/7 Bhagalpur and the Senior Superintendent of Police, Bhagalpur to the Chief Secretary, Bihar, Patna and the Director General of Police, Bihar Patna dated 28.03.2018, copy of which has been sent to the learned Advocate General. The same be kept on record. The Court records its appreciation for the promptness shown by the learned Advocate General which has now resulted in actual implementation of the order with the lock out being removed.
5. At this stage, learned counsel for the T.M. Bhagalpur University submitted that the peace is likely to be disturbed relating to the election to the Student's Union which is likely to be completed by 31st March, 2018 and, thus, he prayed that when the Court is seized of the issue relating to peace and tranquility on the campus of the University, it be indicated that the administration takes appropriate precautionary measures. Learned Advocate General responded by submitting that maintaining of law and order being primary duty of the district administration, the University authorities should not have any apprehension as all possible steps shall be taken. However, he suggested that the district administration be taken into confidence by the University authorities so that the situation does not go out of control and becomes violent which happens when there is Patna High Court CWJC No.5687 of 2016 (18) dt.28-03-2018 7/7 mass agitation or the crowd is so big that handling the same becomes a bigger challenge.
6. The Court finds the suggestion of both the sides to be appropriate and would only observe that the University authorities and the local district administration shall work in tandem to ensure that the election process is completed peacefully and in future any agitation or show of protest by any section of the employees or the students is allowed to be held only in a democratic and peaceful manner without resulting in any disturbance to the working of the University.
7. The matter be listed in terms of the order dated 26.03.2018 on 11th April, 2018, under the heading 'For Orders'.
(Ahsanuddin Amanullah, J.) Anand Kr.
U