IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15730 of 2009 COUNCIL FOR PROTECTION OF PUBLIC RIGHTS AND WELFARE THROUGH ITS GENERAL SECRETARY, SRI MAHENDRA PRASAD GUPTA, ADVOCATE, S/O LATE RAM DAS PRASAD GUPTA, R/O RAM KRISHNA COLONY, EAST OF BAZAR SAMITI, P.S.- SULTANGANJ, DISTT.- PATNA ……………………………. PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE CHANCELLOR, UNIVERSITIES OF BIHAR, RAJ BHAWAN, PATNA 3. THE PRINCIPAL SECRETARY, DEPTT. OF HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 4. THE DIRECTOR, HIGHER EDUCATION, DEPTT. OF HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 5. BHIM RAO AMBEDKAR UNIVERSITY, THROUGH REGISTRAR, MUZAFFARPUR 6. THE REGISTRAR, BHIM RAO AMBEDKAR UNIVERSITY, MUZAFFARPUR 7. LALIT NARAYAN MITHILA UNIVERSITY THROUGH ITS REGISTRAR, DARBHANGA 8. THE REGISTRAR, LALIT NARAYAN MITHILA UNIVERSITY, DARBHANGA 9. THE PATNA UNIVERSITY THROUGH ITS REGISTRAR, PATNA 10. THE REGISTRAR, PATNA UNIVERSITY, PATNA 11. THE MAGADH UNIVERSITY THROUGH ITS REGISTRAR, BODH GAYA, DISTT.- GAYA 12. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA, DISTT.- GAYA 13. THE TILKA MANJHI UNIVERSITY, BHAGALPUR THROUGH ITS REGISTRAR 14. THE REGISTRAR, TILKA MANJHI UNIVERSITY, BHAGALPUR 15. K.S.D.S. UNIVERSITY, DARBHANGA THROUGH ITS REGISTRAR 16. THE REGISTRAR, K.S.D.S. UNIVERSITY, DARBHANGA 17. J.P.UNIVERSITY, CHAPRA THROUGH ITS REGISTRAR 18. THE REGISTRAR, J.P.UNIVERSITY, CHAPRA 2 19. THE B.N.MANDAL UNIVERSITY THROUGH ITS REGISTRAR, MADHEPURA 20. THE REGISTRAR, B.N.MANDAL UNIVERSITY, MADHEPURA 21. THE VEER KUNWAR SINGH UNIVERSITY, ARRAH THROUGH ITS REGISTRAR 22. THE REGISTRAR, VEER KUNWAR SINGH UNIVERSITY, ARRAH …………………… RESPONDENTS. ----------- 5. 05.04.2010. Heard Mr. M.P. Gupta, learned counsel representing the petitioner, Mr. Shivendra Kishore, learned counsel for the Chancellor, Mr. Siddhartha Prasad, A.C. to A.A.G.-III for the State, Mr. Ajay Kumar Sinha with S. Iqbal Ahmad, for the Patna University, Mr. Vinay Kirti Singh, for the Veer Kunwar University, Mr. Partha Sarthy, for the L.N. Mithila University, Mr. Ashok Kumar Keshri, for the Bhagalpur University and Mr. Jaishankar Barnwal, for the Magadh University. It is submitted by Mr. Shivendra Kishore, learned counsel representing the Chancellor that the statute that was framed has been sent to all the universities in the State of Bihar as well as the colleges and the statute has taken the shape of law. It is submitted by the learned counsel that when a statute has taken the shape of law and has come into force, it is obligatory on the part of the 3 universities and the colleges to follow the same. The said position is not disputed by the learned counsel representing the universities. In view of the aforesaid it is directed the provisions made in the statute as regards nomination of Students Union at Colleges and Students Union in the Universities be worked out within a period of eight weeks from the date of receipt of the order passed today. At this juncture Mr. Gupta, learned counsel representing the petitioner submitted that the statute could not have provided for nomination as it is mandatory to hold the election. As the constitutional validity of the statute has not been challenged we do not intend to express anything on the merits in that regard. The writ petition is accordingly disposed of. Dilip ( Dipak Misra, C.J. ) ( Mihir Kumar Jha, J. )