IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.964 of 2009 C.M.SITWATULLAH SON OF C.M. ZAFRULLAH, RESIDENT OF KACHCHI SARAI ROAD, NEAR MITHILA SCOOTER, DISTRICT- MUZAFFARPUR...............................................APPELLANT Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY, HIGHER EDUCATION BIHAR 2. MAGADH UNIVERSITY, BODH-GAYA, DISTT- GAYA 3. THE VICE CHANCELLOR, MAGADH UNIVERSITY,BODH- GAYA, DISTRICT- GAYA. 4. THE REGISTRAR, MAGADH UNIVERSITY, BODH-GAYA, DISTRICT- GAYA. 5. THE CONTROLLER OF EXAMS, MAGADH UNIVERSITY, BODH-GAYA, DISTRICT- GAYA 6. THE MAULANA AZAD COLLE OF ENGINEERING AND TECHNILOGY, AT NEORAGANJ, P.O. NEORA, P.S. BIHTA, DISTRICT- PATNATHROUGH ITS DIRECTOR 7. THE DIRECTOR, MAULANA AZAD COLLEGE OF ENGINEERING & TECHNOLOGY AT NEORAGANJ, P.S. NEORA, P.S. BIHTA, DISTT. PATNA............................ RESPONDENTS. 8. RAVI PRAKASH SON OF RAM PRAKASH, RESIDENT OF NEAR ST. PAUL SCHOOL, VIVEK VIHAR, P.O,. P.S. AND DISTRICT..... SAMASTIPUR. 9. TABISH ALI SON OF SHAUKAT ALI, RESIDENT OF MOHALLA- BARAHDARI, BIHARSHARIF, DISTT. NALANDA 10. MD.D GULFAM KHAN SON OF SAIKUL KHAN, RESIDENT OF MILLAT COLONY, APNA GHARANA, PS. PHULWARISHARIF,DISTRICT- PATNA. 11. MANI KANT SRIVASTAVA SON OF SRI BHAGWAN LAL, C/O MANOJ SRIVASTAVA, RESIDENT OF MOHALLA- SOHANPATTI, DISTRICT- BUXAR 12. ANWARULLUM SABRI SON OF MD. SALIMUDDIN, RESIDENT OF SALIM AUTO WORKS, KHAGAUL ROAD, PHULWARISHARIF, DISTRICT- PATNA......RESPONDENTS 2ND PARTY. For the appellant :- Mr. Najmul Hoda, Advocate & Mr. Mr. Binay Kumar Bineet, Advocate For the respondents:- Mr. R.G.Giri, Advocate, Mr. S.N. Pathak,Advocate and Mr. Arun Kumar, Advocate. --------- 3 15-2-2010 Heard learned counsel for the appellant, learned counsel for the State and learned counsel appearing for Magadh University. - 2 - Maulana Azad College of Engineering and Technology, Patna is run by a private education society through a Governing Body. By orders contained in annexures 1 and 2 to the writ petition in March, 2009 nine students are said to have been identified on the basis of thorough investigation by different agencies to have indulged in violence and vandalism in the college on 1-3- 2009 causing extensive damage of college property and equipments. They allegedly insulted teachers and abused them and caused physical injuries to two teachers. In such circumstances the writ petitioners challenged their expulsion from the college for one session and on that account their being debarred from taking University examination by not issuing them admit cards. The writ petition has been dismissed mainly on the ground that the college is a private engineering college and its governing body can not be covered be ‘State’ or any other authority within Article 12 of the Constitution of India. The writ court has observed that the petitioners if so advised , may take recourse to the ordinary remedy of filing a civil suit. In certain limited matters even minority institutions - 3 - or private institutions if they want affiliation to any University may be subjected to control through the statute or regulation. However, no statute or regulation was pleaded before the writ court to have been violated by the college authority. Before us also there is no material on basis whereof the University may be directed to interfere in the affairs of the private un-aided minority college. The writ court has already observed that petitioners if so advised, may take recourse to the ordinary remedy of filing a civil suit.. We are not persuaded to interfere with the order of the writ court. The appeal is dismissed. There will be no order as to costs. ( Shiva Kirti Singh,J) ( C.M. Prasad, J) Naresh