IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14166 of 2009 RAJENDRA PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- 2. 09.11.2009 Heard learned counsel for the petitioner and the University. The submission is that a Governing Body of the P.M.S. College, Biharsharif at Nalanda was constituted on 25.1.2006. During its tenure, there were certain allegations against it which were not upheld in enquiry. The Governing Body, therefore, ran its complete term and a new Governing Body was constituted on 21.3.2009. Thereafter, on the basis of certain complaints against the erstwhile Governing Body already considered, matters were reopened and the subsequent Governing Body was dissolved on that basis leading to constitution of ad hoc Governing Body. Learned counsel for the petitioner submits that the petitioner has moved before the Hon’ble Chancellor against the dissolution of the new Governing Body, which it is submitted on the aforesaid facts, is not justified. The submission is of an apprehension with regard to the order in CWJC No. 13135 of 2009 preferred by another in which the relief was for holding fresh election for constitution of the Governing Body after dissolution of the new Governing Body dated 21.3.2009 and in which directions have been given for holding election for constitution of a regular Governing Body within a time frame. It is submitted that this subsequent order of this Court will render the relief sought before the Hon’ble Chancellor infructuous. 2 It does not appear from the order passed in CWJC No. 13135 of 2009 that the issue of alleged illegal dissolution of a Governing Body etc. were brought to the attention of the Court and were the subject matter of consideration in CWJC No. 13135 of 2005. Needless to add that any fresh election for a Governing Body shall naturally be dependent on the question whether the dissolution of the earlier Governing Body (dated 21.3.2009) and which is sine qua non for the fresh constitution was valid or invalid in law. If the dissolution of the Governing Body dated 21.3.2009 is held by the Hon’ble Chancellor to be bad in law, any subsequent election, albeit if any observation of this Court also, when proper facts may not have been placed before it, shall be of no consequence. This writ application is disposed with observation that in light of the aforesaid discussion, the entire issue of the dissolution of the Governing Body dated 21.3.2009 and holding of any fresh elections for a new Governing Body are matters all integrally connected and shall be opened in its entirety for consideration by the Hon’ble Chancellor in accordance with law. It shall be open for the petitioner to seek appropriate interim direction before the Hon’ble Chancellor, if they are so advised and this Court hopes and expects that the Hon’ble Chancellor will be pleased to consider any such interim relief in due time so that it may not be rendered infructuous. AKS/ (Navin Sinha, J.)