IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17751 of 2008 DR.S.M.NAQUI IMAM DENTAL COLLEGE AND HOSPITAL, BAHERA, DARBHANGA Versus THE STATE OF BIHAR & ORS ----------- 2/ 22/01/2009. Heard learned counsel for the petitioner and learned counsel for the State as also learned counsel for the respondent Lalit Narayan Mithila University, Darbhanga. In view of the nature of the order proposed to be passed on the pleadings contained in the writ application, this court does not consider it necessary to adjourn the matter for filing of counter affidavit or issuance of notice to respondents-7 to 14 at this stage as the interest of the respondents shall be adequately protected in the proceedings to be concluded hereinafter by the concerned authority/authorities. The pleadings in the writ application are for cancellation of the provisional/original certificate granted to respondent Nos.7 to 14 by the respondent University alleged to be not in accordance with law. Allegations of facts appear to have been made. This led to directions for an enquiry by the District Magistrate initially and in pursuance of which the S.D.O., Benipur at Darbhanga submitted the enquiry report on 5.6.2008. It further appears from the 2 pleadings that the State Government on 11.3.2008 also called for an enquiry report from the Bihar State Dental Council on the allegations of forgery in issuance of the certificates. This report is still awaited. The petitioner institution also appears to have approached the Hon’ble Chancellor with regard to the allegations when the Hon’ble Chancellor by directions dated 9.5.2008 has directed the respondent University to enquire and submit a report. Considering that the allegations involved issues of facts, there is already an enquiry report available, the State Government has also directed an enquiry, this Court does not consider it appropriate to proceed on issues of facts at this stage. This Court, therefore, directs that if a report has been submitted by the Bihar State Dental Council in response to the directions of the State Government for an enquiry let appropriate orders thereupon be passed by the State Government. If no report has been made available to the State Government in pursuance of the enquiry directed by it, the State shall then proceed on the basis of the enquiry report submitted by the S.D.O., Benipur, Darbhanga. The State while proceeding with such enquiry report/reports, as the case may be, shall fully 3 adhere to the principles of natural justice by hearing all affected and concerned before taking a final decision within a maximum period of 4 months from the date of receipt/production of a copy of this order. If the Hon’ble Chancellor has already directed an enquiry, the respondent University is required to comply wit it. This Court does not consider it necessary to issue any direction to the Hon’ble Chancellor in that regard as he is himself competent enough to take all necessary consequential action against all concerned and which this Court hopes and expects him to do expeditiously. The writ application stands disposed with the aforesaid observations. KC ( Navin Sinha, J.)