IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3084 of 2007 Vidya Sagar Singh, S/o Late Bindeshwari Sigh, Resident of Village and P.O. Ramdiri (Nakti) P.S. and District Begusarai. ---------- Petitioner Versus 1. The Bihar College Service Commission, Boring Canal Road, Patna 800001 through the Chairman (in short the commission). 2. The Chairman, Bihar College Service Commission at Boring Canal Road, Patna 800001. 3. The Secretary, Bihar College Service Commission at Boring Canal Road, Patna-800001. 4. The Governing Body through its Secretary Ram Charitra Singh Smarak College Bihat Begusarai. -------- Respondents ----------- 2 25.08.2010 Counsel for the petitioner would submit that now when the Bihar College Service Commission has already been abolished and its power has been vested in the University itself, the following relief prayed by the petitioner:- “1. That this application is for issuance of writ in nature of Mandamus or any other appropriate writ/order /direction over the respondent no.1, 2 and 3 to make recommendation if the petitioner has competed and found eligible for the vacant post of the Principal of the Ram Charitra Singh Smarak College, Bihar Begusarai and be directed the respondent no.4 to appoint the petitioner to the post Principal immediately on the recommendation of the respondent no.1, 2 & 3.” can be considered by the University itself. 2 There is no counter affidavit in this case on behalf of the respondents and the Bihar College Service Commission against whom the main relief was sought has already been dissolved. This Court also cannot issue any direction to the Governing Body of the Ram Charitra Singh Smarak College, Bihar, Begusarai, inasmuch as, the Governing Body is not a state within the meaning of Article 12 of the Constitution of India. In that view of the matter, if the requisition, submitted by the Governing Body, had remained pending before the Bihar College Service Commission and if pursuant to the advertisement made by the Bihar College Service Commission, no appointment on the post of Principal in the college has been made till date, it would be open for the University to take step for filling up the post provided the Governing Body would submit a fresh requisition for filling up the post. The grievance of the petitioner that the working arrangement in the College, affiliated to the L.N. Mithila University, cannot be allowed for perpetuity has to be 3 also considered by the University keeping in view the provisions made under Section 57(A) & 59 of the Bihar University Act. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)