IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7303 of 2010 1. RADHE SHYAM SHARMA S/O LATE BECHAN SHARMA R/O VILL.- RAMDIH, P.S. GOH, DISTT.- AURANGABAD, PRESENTLY WORKING AS LECTURER, DEPARTMENT OF PHILOSOPHY, WAZIRGANJ COLLEGE, WAZIRGANJ, DISTT.- GAYA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, HIGHER EDUCATION, GOVT. OF BIHAR, PATNA 3. THE GOVERNING BODY OF THE WAZIRGANJ COLLEGE, WAZIRGANJ, THROUGH THE SECRETARY 4. THE PRINCIPAL, WAZIRGANJ COLLEGE, WAZIRGANJ, DISTT.- GAYA 5. THE MAGADH UNIVERSITY, BODH GAYA THROUGH THE VICE CHANCELLOR 6. THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA 7. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA 8. SUNIL KUMAR S/O SARYUG LAL R/O VILL.- KAJUR, P.O.- WAZIRGANJ, P.S. WAZIRGANJ, DISTT.- GAYA, PRESENTLY WORKING AS LECTURER, DEPTT. OF PHILOSOPHY, WAZIRGANJ COLLEGE, WAZIRGANJ, DISTT.- GAYA ----------- 3 16.8.2010 The petitioner claims to be a teaching employee of Wazirganj College, which is an affiliated College of Magadh University though not a constituent College nor a deficit grant College. Recently the State Government decided to make grant to such colleges in proportion to their academic achievement . Money value of the award was calculated and sent to the University to the Colleges to be paid towards salary of teaching and non teaching employees of the College. The grievance of the petitioner is that while one 2 teacher in Philosophy Department of the College is paid, the petitioner, who is also appointed on sanctioned post is not paid. University has filed a counter affidavit stating that the payment of the petitioner and the other persons could only be made on recommendation of Bihar College Service Commission . It states that the College Service Commission recommended two names, out of which one had to be appointed because the sanction post was one. It is not known that under what circumstances two persons were appointed and that too simultaneously. University thus submits that it is essentially a problem of the College itself . As usual, State having given the money at least for the time being takes a stand that it has been concerned about utilization, which concerns always arise long after money is paid. In my view, as the Governing Body of the College is under direct control of the University, I direct the University to look into the matter and see whether the funds, that was available by the State Government, has been properly, rationally and justifiably utilized by the College. The Governing Body and the College authority would fully co-operate the University and in case of non full co-operation, the University would have a right even to see accounts and other documents of the College or to take such a disciplinary action over the Governing Body as it may consider proper. The Governing Body shall offer full co- operation in the matter. The matter should be resolved by the 3 University and the College authority within a period of one month from the date of filing a detailed representation by the petitioner before the Registrar of the University. In case University finds that any amount has been wrongly paid to any person or any person has been wrongly deprived of his money, University would be competent to pass effective orders directing the Governing Body to set the situation right within a given period which the Governing Body would be obliged to obey. With the aforesaid observations and directions, the writ petition is disposed of. singh ( Navaniti Prasad Singh, J.)