High Court Patna High Court - Orders

Vidya Bihari Sinha vs The Magadh University &Amp; Ors on 19 November, 2010

Patna High Court – Orders
Vidya Bihari Sinha vs The Magadh University &Amp; Ors on 19 November, 2010
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CWJC No.10138 of 2010
                 1. VIDYA BIHARI SINHA S/O LATE RITLAL SINHA R/O VILL.-
                 RASISA, P.S.- AKANGARSARAI AND DISTT.- NALANDA
                                    Versus
                 1. THE MAGADH UNIVERSITY THROUGH ITS VICE
                 CHANCELLOR, BODH GAYA
                 2. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA
                 3. THE SUB-DIVISIONAL OFFICER, HILSA-CUM-PRESIDENT
                 OF THE ADHOC GOVERNING BODY OF THE LAL SINGH
                 TYAGI GRAMIN COLLEGE, AUNGARI DHAM, NALANDA
                 4. THE MEMBER OF PARLIAMENT, BIHARSHARIF EX-
                 OFFICIO MEMBER OF THE GOVERNING BODY OF THE LAL
                 SINGH TYAGI GRAMIN COLLEGE, AUNGARI DHAM,
                 NALANDA
                 5. DR. KRISHNANDAN PRASAD, ZOOLOGY DEPARTMENT,
                 PATEL COLLEGE BIHAR SHARIF, THE SECRETARY OF
                 ADHOC GOVERNING BODY OF THE LAL SINGH TYAGI
                 GRAMIN COLLEGE, AUNGARI DHAM, NALANDA
                 6. SRI NAGESHWAR PRASAD, THE EX-MEMBER OF THE THE
                 THEN MANAGING COMMITTEE OF THE LAL SINGH TYAGI
                 GRAMIN COLLEGE AUNGARI DHAM, NALANDA
                 7. THE COLLEGE INSPECTOR (SCIENCE), MAGADH
                 UNIVERSITY, BODH GAYA
                 8. DR. BIRENDRA PRASAD SINHA, HEAD OF DEPARTMENT
                 DEPARTMENT OF MATHEMATICS, LAL SINGH TYAGI
                 GRAMIN COLLEGE, AUNGARI DHAM, NALANDA
                                  -----------

2 19.11.2010 Petitioner states that he has been working as Professor

Incharge in Lal Singh Tyagi Gramin Mahavidyala and he has

been removed from that post by the Governing Body of the

College.The College is not a constituent college of Magadh

University rather it is a college affiliated to Magadh University.

He complains that instead a person, who is not even confirmed

teacher in the college and is much junior to the petitioner has

been made Professor Incharge. He submits that Magadh

University statues in regard to function of Governing Body of the

affiliated college has not been followed.

In my view, the remedy of the petitioner, at the first
2

instance, would be to the Vice Chancellor of the University

failing which to the Chancellor. Those remedies being available it

would be appropriate for the petitioner to seek those remedies for

redressal of his grievance rather than coming to this Court

directly.

In that view of the matter learned counsel for the

petitioner seeks permission to withdraw this application with

liberty to avail appropriate remedy before appropriate forum, as

indicated above.

The writ petition is accordingly disposed of.

Singh                                            ( Navaniti Prasad Singh, J.)