High Court Patna High Court - Orders

Rama Shankar Sharma vs The State Of Bihar & Ors on 24 August, 2011

Patna High Court – Orders
Rama Shankar Sharma vs The State Of Bihar & Ors on 24 August, 2011
                            IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       Letters Patent Appeal No.799 of 2011
                                                          In
                                  Civil Writ Jurisdiction Case No. 12772 of 2010
                   =====================================================
                                                          =
                   Rama Shankar Sharma, S/o. late Raj Balam Sharma, Lecturer, Department
                     of Geography, Akshyavat College, Mahua, P.S. Mahua, Distt. Vaishali,
                     presently, residing Behind S.P. Kothi, S.D.O. Road, P.S. Hajipur Sadar,
                                            District- Vaishali at Hajipur.
                                                                        .... .... Appellant/s
                                                        Versus
                   1. The State Of Bihar through the Principal Secretary, Department of
                       Human Resources Development, Government of Bihar, Patna.
                   2. The Principal Secretary, Department of Human Resources
                       Development, Government of Bihar, Patna.
                   3. The B.R.A. Bihar University, Muzaffarpur through its Registrar.
                   4. The Vice Chancellor, B.R.A. University, Muzaffarpur.
                   5. The Registrar, B.R.A. University, Muzaffarpur.
                   6. The Sub-Divisional Officer, Mahua, Vaishali.
                   7. The Principal Akshayabat College, Mahua, Vaishali.
                                                                            .... .... Respondent/s
                   =====================================================
                                                    Appearance :
                            For the Appellant/s         : Mr. Pramod Mishra
                          For the Respondent/s        :   Mr. Jawahar Pd. Karn A.A.G.-4
                   =====================================================
                      CORAM: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH
                                                               and
                                    HONOURABLE MR. JUSTICE SHIVAJI PANDEY
                                                   ORAL ORDER

(Per: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH)

02. 24.08.2011 Heard learned counsel for the appellant and learned

counsel for the University and perused the order dated

04.04.2011 of the writ court whereby writ petition bearing

C.W.J.C. No.12772 of 2010 has been dismissed.

The writ court noticed that petitioner had absented

from the college since 2002 and there was nothing to show that

he was granted leave of any kind during that time, on that

account writ court did not grant any relief to the petitioner.

We have been shown that petitioner’s name is not
Patna High Court LPA No.799 of 2011 (2) dt.24-08-2011
2

included in the list of teachers and employees of the college

submitted to the State Government. The college in question is

an affiliated college managed by a governing body and the

university itself has a limited role in respect of such colleges

particularly when they were not receiving any aid earlier. Now

when the State Government has started the scheme for grant of

some kind of aid or monetary benefits, disputes have started

surfacing like present one claiming that petitioner was a lawful

teacher of the college. The action impugned is basically of the

governing body of the college or its management which is

private in nature. Hence, in our view also the writ petition was

rightly dismissed. If so advised the appellant may avail other

alternative remedy by approaching the University or Tribunal if

constituted for the purpose, or the Civil Court for seeking

appropriate relief in accordance with law.

The appeal is accordingly disposed of.

(Shiva Kirti Singh, J.)

(Shivaji Pandey, J.)
Mkr.