IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5564 of 2000 LAL BAHADUR SINGH Versus BIR KUAR SINGH UNIVERSITY &ORS ----------- For the Petitioner: Mr Bishnu Kant Dubey, Advocate For the University: Mr Vinay Kirti Singh, Advocate ----- 6. 19.08.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the respondent University. No one appears on behalf of respondents 6 to 9 despite valid service of notice. In this writ petition filed in the year 2000 raising issues with regard to constitution of a ad-hoc Managing Committee and appointment on the post of In-charge Principal of the College, the casual approach of the University to ensure proper functioning of the institution concomitant with the responsibility of the University to provide an academic atmosphere for imparting education to the students is reflected in the irresponsible attitude of the University which has not bothered to file counter affidavit till eight years. Learned counsel for the University today prays for time to file counter affidavit. The Court declines the prayer. The controversy in this case relates to an Ad-hoc Committee constituted in the year 2000. From the Interlocutory Application filed in the year 2008 2 it is urged that the Ad-hoc Committee continues. The very nomenclature of the committee makes its existence temporary in nature till constitution of a regular Managing Committee. This is what the Bihar State Universities Act 1976 and the Statute framed thereunder contemplate. What has been done by those who were required to implement the statute is to place the statute on its head by giving prominence to an Ad-hoc Committee in place of a regular Managing Committee. What was exception has been turned into a rule. In question also is certain decisions taken by the Ad-hoc Committee which in turn itself are ad-hoc decisions. The fight is not for the post of Principal as a substantive appointment but for a Professor-in-Charge to officiate as a Principal. In this entire tussle with regard to the control and management of the education institution, education has lost its importance and has been thrown out of the windows by those who were responsible to ensure educational atmosphere. The only appropriate order to be passed in this writ petition therefore is that a regular Managing Committee be constituted within a period of four weeks from the date of receipt and/or production of a copy of this order before the University. On the expiry of the period of four weeks the present Ad-hoc Committee shall automatically cease to exist by virtue of the orders of this Court. Once the Managing Committee has been 3 constituted in accordance with law within the aforesaid period it shall take all necessary steps so that a regular Principal is appointed within a maximum period of four weeks thereafter. All ad-hoc arrangements on the post of Principal shall cease upon expiry of that period. This Court is conscious of the nature of the order that it is passing which may virtually leave the institution headless without a Managing Committee and without a Principal. The situation is the creation of the University itself and it is for the university to find a solution under the Bihar State Universities Act and the Statute framed thereunder as to in what manner an educational institution will function without a Managing Committee and without a Principal. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)