IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17752 of 2009 1. DR.PARSHURAM MISHRA S/O LATE PANDIT MADHESHWAR MISHRA SECRETARY, SANJAY GANDHI MAHILA VIDYALAYA, GAYA, PRESENTLY RESIDING AT MAKHLAUTGANJ, SWARAJPURI ROAD, P.S KOTWALI, DISTT-GAYA 2. SNAJAY GANDHI MAHILA VIDYALAYA BAISAGI, GAYA THROUGH ITS SECRETARY Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HIGHER EDUCATION, BIHAR, PATNA 2. MAGADH UNIVERSITY THROUGH ITS VICE CHANCELLOR BODH GAYA 3. VICE CHANCELLOR, MAGADH UNIVERSITY BODH GAYA 4. THE REGISTRAR, MAGADH UNIVERSITY BODH GAYA 5. BRANCH MANAGER, UNITED BANK OF INDIA GAYA 6. BRANCH MANAGER, BANK OF BARODA GAYA ----------- 03/ 28.04.2010 Heard counsel for the petitioners and the counsels appearing for Magadh University and the State. Petitioner no.1 is the Secretary of Sanjay Gandhi Mahila Vidyalaya, Gaya. As stated in the writ application the College in question had temporary affiliation with the Magadh University and the students used to appear in the examination up to B.A. till 2006. Petitioner’s prayer is for quashing of order dated 6.11.2009 contained in letter in letter no. 139, whereby the Registrar, Magadh University , Bodh Gaya has directed the Branch Managers of United Bank of India, Gaya, Bank of Baroda, Gaya and Punjab National Bank not to allow any one to operate the account of Sanjay Gandhi Mahila Vidyalaya. Counsel for the petitioners submits that College in - 2 - question has no affiliation with Magadh University since 2006. Annexure- 1 is the letter sent by the University to the State for its recommendation for affiliation of this College for the Sessions 2007-08 till 2012. The matter is still pending for approval, before the State Govt. Counsel for the petitioners submits that orders relating to petitioner to operate the Bank Account of College could not have been passed, considering the fact that the College in question is not affiliated with the University and no financial aid is being provided to the College by any one. Considering the fact that time to time temporary affiliation is being allowed to the College in question by Magadh University, petitioner cannot take this plea, that it has no affiliation to the University. Students of this College are appearing in the examination on account of its affiliation with Magadh University. In the writ application it is stated that the petitioners have already represented their case, in this regard, before the Vice-Chancellor, Magadh University, Bodh Gaya by filing representation and the same is pending for consideration. - 3 - The Vice-Chancellor, Magadh University is directed to dispose of pending representation of the petitioners within four weeks from today. As informed by the counsel appearing for the University that an enquiry has been conducted in this regard. The Vice-Chancellor will decide the issue considering the enquiry report giving opportunity to all concerned. This application is disposed of. DKS/ (Mridula Mishra, J.)