IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1293 of 2009 ***** 1. DR.RAMAN BIHARI SINHA 'RAMAN' S/O LATE RAM KIRAN SINHA MOH.- CHHAPKI PARARI, P.O.- LAKSHMI SAGAR, P.S.- SADAR DARBHANGA, DISTT. AND TOWN - DARBHANGA. …. …. Petitioner/Appellant. Versus 1. THE VICE-CHANCELLOR BABASAHEB BHIM RAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR 2. THE REGISTRAR BABASAHEB BHIM RAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR 3. DR. SATISH PATEL MOH.- ANDI GOLA, P.S.- SADAR, DISTT.- MUZAFFARPUR, NOMINATED MEMBER OF THE GOVERNING BODY OF B.P.S. COLLEGE, DESARI, DISTT.- VAISHALI 4. THE SUB-DIVISIONAL OFFICER, MAHNAR NOMINATED MEMBER OF THE GOVERNING BODY OF B.P.S. COLLEGE, DESARI, DISTT.- VAISHALI 5. SRI NITYANAND RAI, M.L.A. 13, CHHAJJU BAG, PATNA, NOMINATED MEMBER OF THE GOVERNING BODY OF B.P.S. COLLEGE, DESARI, DISTT.- VAISHALI. …. …. Respondents/Respondents ----------- For the Appellant : Mr. Dhirendra Kumar Jha, Advocate For the University : Mr. Ajay Bihari Sinha, Advocate ------------ 2. 18.3.2010. Heard Mr. Dhirendra Kumar Jha, learned counsel for the appellant and Mr. Ajay Bihari Sinha, learned counsel for the University. Questioning the soundness of the order dated 9.9.2009 passed by the learned Single Judge in C.W.J.C. No. 11853 of 2009 the present intra-court appeal has been - 2 - preferred. Mr. Jha, learned counsel for the appellant has raised two fold contentions, namely, the member legislative assembly, namely, Nityanand Rai, who has been nominated as the member of the governing body was ineligible to be appointed inasmuch as he does not belong to the local area where the college is situated, and, second, there has been delay in election of the teacher‟s representative. Mr. Sinha, learned counsel appearing for the University supported the order passed by the learned Single Judge. To appreciate the submissions raised at the Bar, it is seemly to refer to Section 60 of the Bihar State Universities Act, 1976. Section 60 reads as follows: - “60. The Governing body.- There shall be a governing body for the management and administration of each affiliated College other than a College owned and maintained by the State Government or a College established and administered by a minority community on the grounds of religion or language or an affiliated technical or medical College. It shall consist of following members- (i) Principal of the College- Ex-Officio, (ii) a member elected by and from amongst the teachers of the College, (iii) a representative of the University - 3 - nominated by the Vice-Chancellor, (iv) an officer of the State Government posted in the district, being not below the rank of a sub-divisional magistrate, nominated by the Vice-Chancellor, (v) a member elected by such donors from amongst themselves as have donated at least twenty-five thousand rupees to the College, (vi) One member to be nominated by the Vice- Chancellor, who is a member of the Parliament or the State Legislature and mainly resides in the district of the area in which the College is situated; and (vii) One member co-opted by the Governing body from amongst such educationists or persons residing in the district where the College is situated as are reputed for their academic interest. (2) The term of office of the members of the Governing body, their powers and functions shall be such as are prescribed by the Statutes. (3) Any act or proceedings of the Governing body of affiliated Colleges shall not be invalid merely because of any vacancy or vacancies in its membership. (4) The Vice-Chancellor shall constitute an ad-hoc Committee for the management of the College so long as a governing body is not constituted in accordance with the provisions contained in sub-section (1) (5) The Governing body/Managing Committee for the management and administration of a College owned and maintained by the Government, or established and administered by a minority community, on the ground of religion or language and declared, from time to time, as such by the State Government according to yardsticks laid down by it, or of any affiliated technical or - 4 - medical College, shall be constituted in accordance with the provisions prescribed in the Statutes.” On a perusal of Section 60(1)(vi) it is quite clear that a member of the State Legislature who mainly resides in the district of the area in which the College is situated is to be nominated by the Vice-Chancellor. Statute 32 of the Statutes regarding governing body in Clause 1 stipulates as follows: - “32. Statute Regarding Governing Body- Management and Constitution of Governing Body 1. There shall be a Governing Body constituted for management and administration of every admitted College other than Colleges owned and maintained by the State Government or College established and administered by religious/linguistic minorities or admitted as Technical or Medical Colleges which shall consist of the following members: - (i) Principal of the College Ex-Officio. (ii) One teacher elected from and by the teachers of the College. (iii) One representative of the University nominated by the Syndicate. (iv) One Government Officer of the State Government not below in rank of the Sub-divisional Magistrate posted in the district nominated by the Syndicate. (v) One member elected from amongst themselves by Donors who have donated not less than Rs.25,000/- to the College. (vi) One member either of Parliament or - 5 - the State Legislature residing in the district preferably of the locality where the College is situated nominated by the Syndicate. (vii) One member co-opted by the Governing body from amongst the educationists or persons noted for their academic interest residing in the district where the College is situated : Provided that in the case of Colleges owned and maintained by the Government, the Governing Body consisting of seven members shall be constituted by the Syndicate in consultation with the State Government : Provided further that in the case of Colleges established and administered by minorities based on religion or language or Medical/Engineering Colleges other than those maintained by the Government, the Governing Body shall be constituted by the Syndicate after considering the advice of the sponsors authorities of the College concerned. But where however the Syndicate is not able to satisfy itself about the bonafides of sponsors authorities of any such College or for any other reason it may constitute an Ad-hoc Committee consisting of not more than 5 members.” It is submitted by Mr. Jha that the Member Legislative Assembly has to belong to the locality where the college is situated. On reading of the provisions of the Act and the Statute we are absolutely indubitable that the Member of the Legislative Assembly has to belong to the district - 6 - where the College is situated. The term „preferably‟ cannot be treated as mandatory. In the case at hand there is no dispute that the Member of the Legislative Assembly belongs to the district wherein the college is situated. In view of the aforesaid, the first part of submission of Mr. Jha is sans substance and accordingly repelled. The next point urged by Mr. Jha that teacher‟s representative has been brought into the sphere of the Governing Body by an election which was held after the due date. In our considered opinion the appellant cannot be allowed to assail the same. If any one who could have called in question the said election possibly, a person grieved, who was a candidate or could have been a candidate. Be that as it may, it is not a ground to dislodge the Governing Body. In view of the aforesaid, we perceive no merit in this appeal and according the same stands dismissed without any order as to costs. Pawan/ (Dipak Misra, CJ) (Mihir Kumar Jha, J)