IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 6442 of 2010
With
I.A. No. 1041 of 2011
Arun Kumar Sinha ...... Petitioner
Versus
The Jharkhand Academic Council, Ranchi & ors. ...... Respondents
CORAM: HON'BLE MR. JUSTICE D.N. PATEL
For the Petitioner : Mr. D.K. Sinha, Advocate
For RespondentJ.A.C. : Mr. M.S. Anwar, Sr. Advocate
Mr. Rajesh Kumar, Advocate
For Respondent Nos. 4 to 8 : Mr. Vijay Pratap Singh, Sr. Advocate
Mr. Amit Kumar Das, Advocate
rd
04/Dated: 3 May, 2011
1.
The present writ petition has been preferred by the so called donor, who
has been placed initially in the Managing Committee under Section 7.6 of the
Jharkhand Academic Council Act, 2002, but, subsequently, it is alleged against
the petitioner that he is not, at all, a donor, therefore, all difficulties have
been started against the present petitioner. Moreover, the terms of the
appointment of the present petitioner in the Managing Committee of the
Ramgarh Inter Women’s College, Ramgarh comes to an end after lapse of
three years of period i.e. on 28th February, 2011. It is, therefore, submitted by
learned counsel for the petitioner that the petitioner is rightly appointed in
the Managing Committee and he should be continued as Managing
Committee’s member for the management of Ramgarh Inter Women’s College,
Ramgarh.
2. Learned counsel for the petitioner also submitted that there is no financial
irregularity committed by the present petitioner. The petitioner is a donor at
the Ramgarh Inter Women’s College. Nonetheless, it is submitted that the
terms of the Managing Committee has been over on 28th February, 2011 and
the Jharkhand Academic Council, Ranchi is on verge of finalizing the new
Managing Committee and the name of the petitioner may be considered by
the Jharkhand Academic Council, Ranchi.
3. I have heard learned counsel for the respondents, who have submitted
that as per Annexure1, the terms of the Managing Committee, wherein, the
petitioner is one of the members, has commenced from 1st March, 2008 and
the term has been completed after three years on 28th February, 2011 and,
thereafter, adhoc arrangement is going on, by the order of this Court.
2
Nonetheless, Jharkhand Academic Council, Ranchi may be directed to finalize
new Managing Committee, within stipulated time.
4. Learned counsel for respondent nos. 4 to 8 submitted that the obligation
on the part of respondent nos. 4 to 8 is already discharged by giving names
vide letter dated 26th February, 2011, which is annexed with I.A. No. 1041 of
2011, preferred in this writ petition and respondent no. 1 can verify those
names and may consider for the constitution of the Managing Committee.
5. In view of the aforesaid submissions, there is no legal right vested in
petitioner to continue as member of the Managing Committee of the College
as the term of the Managing Committee came to an end after expiry of three
years from the date of its constitution. I hereby direct respondent no. 1 to
finally constitute the Managing Committee of the Ramgarh Inter Women’s
College, Ramgarh, in accordance with the Jharkhand Academic Council Act,
2002, as earliest as possible, maximum within a period of fifteen days from
the date of receipt of a copy of this order.
6. In view of the aforesaid direction, the petition is, hereby, disposed of.
7. I.A. No. 1041 of 2011 is also disposed of, in view of the final disposal of
the writ petition.
(D.N. Patel, J.)
Ajay/