IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10254 of 2009 ARUN KUMAR SINGH, S/O LATE DURGA PRASAD SINGH, R/O MOHALLA-GAURAKSHNI, P.S.-SASARAM, DISTRICT-ROHTAS AND WORKING AS A LECTURER (FULL TIME) ROHTAS LAW COLLEGE, SASARAM. …………………PETITIONER. Versus 1. VEER KUNWAR SINGH UNIVERSITY, ARA THROUGH ITS REGISTRAR. 2. THE VICE-CHANCELLOR, VEER KUNWAR SINGH UNIVERSITY, ARA. 3. ADHOC COMMITTEE, ROHTAS LAW COLLEGE, SASARAM THROUGH ITS PRESIDENT SUB-DIVISIONAL OFFICER AT + P.S.+ DISTRICT-SASARAM. 4. AKHAURY ARUN KUMAR, S/O A.J.PRASAD, R/O MOHALLA-GAURAKHSHINI, SASARAM, P.O.+P.S.- SASARAM, DISTRICT-ROHTAS. ………………RESPONDENTS. ----------- 3 09.09.2010 In this writ application petitioner has challenged a notification of the Veer Kunwar Singh University contained in memo no. 150 dated 7.2.2009, by which, an Adhoc Committee has been constituted in exercise of the power of Section 60(4) by the Vice- Chancellor in respect of the college in question. Learned counsel for the petitioner submits that the college is not affiliated with the University and the matter of affiliation is still pending consideration. Therefore, till the affiliation matter is decided and the college is affiliated, the Vice-Chancellor cannot exercise his power in terms of Section 60(4) of the Act. 2 Learned counsel for the respondents does not dispute this legal proposition advanced by learned counsel for the petitioner. In the counter affidavit of the respondents, it is accepted that the college in question is not affiliated and the affiliation matter is still pending with the respondents. Learned counsel for the petitioner in support of his submission has relied upon a Division Bench judgment of this Court in the case of Governing Body of Baba Bhut Nath College, Bagaha, West Champaran at Bettiah through its Secretary and Ors. Vs. the Bihar University, Muzaffrpur and Ors. reported in 1992 (2) PLJR 835. In that judgment, the Division Bench had categorically held that even in cases where the affiliation matter is pending with the University, the Vice- Chancellor cannot exercise his power under Section 60(4) for constituting the regular Governing Body or Adhoc Body. Law thus having been laid down by the Division Bench, this Court has no option but to follow the same. In the circumstances, the impugned 3 notification of the University, contained in Annexure-1, is quashed. The University will be at liberty to take further steps in the matter in accordance with law after the affiliation matter is decided by the University. Arvind/ ( J. N. Singh, J.)