IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3065 of 2007 1. Prof. Nagendra Lal Karn, son of late Satanjeev Lal Das, resident of village Pachahi, Police Station Madhepur, District Madhubani 2. Prof. Fagunandan Jha son of Sri Krishna Mohan Jha, resident of village Araraha, Police Station Pratapganj, District Supaul 3. Prof. Awadh Prasad Yadav son of Sri Yugeshwar Yadav, resident of Village Raibhid, Police Station Shankarpur, District Madhepura 4. Prof. Upendra Prasad Yadav, son of late Maheshwari yadav, resident of village Raibhid, Police Station Shankarpur, District Madhepura 5. Prof. Hare Ram Yadav son of Sri Yugeshwar Yadav, Resident of village Raibhid, Police Station Shankarpur, District Madhepura 6. Prof. Kumari Sudha Daughter of Sri Rajendra Jha, resident of Mohalla Barahi, Police Station Saharsa, District Saharsa 7. Md. Kalimullah son of Md. Ali, resident of Village Satokhar, Police Station Singheshwar, District Madhepura 8. Prof. Jitendra Kumar Yadav son of Sri Bhuwaneshwari Yadav, resident of village Bhatni, Police Station Kumarkhand, District Madhepura 9. Prof. Shyam Sunder Yadav son of late Sudarshan Yadav, resident of village Ranipatti, Police Station Kumarkhand, District Madhepura 10. Prof. Indranand Yadav son of Jai Jarayan Yadav resident of village Sawaila, Police Station Bharihi, District Madhepura 11. Prof. Sri Narayan Singh, ‘Sudhanshu’ son of Late Nawalal Singh, resident of village Menhi, Police Station Ghoghardhiha, District Madhubani …. … Petitioners Versus 1. The State Of Bihar, through Commissioner-Cum- Secretary, Higher Education, Govt. of Bihar, New Secretariat, Patna 2. The Director, Higher Education, Govt. of Bihar, New Secretariat, Patna 3. The Bihar Intermediate Education Council, through its Chairman 4. The Chairman, Bihar Intermediate Education Council, Budh Marg, Patna 5. The Secretary, Bihar Intermediate Education Council, Budh Marg, Patna 6. The Managing Committee of Baba Singheshwar Mahavidyalaya (Inter College) at Singheshwar, District Madhepur4a 7. The Incharge Principal, Baba Singheshwar Mahavidayalaya (Inter College) Singheshwar, P.O. and Police Station Singheshwar, District Madhepura …. …. Respondents ----------- 2 02/ 12.09.2011 Heard learned counsel for the petitioners, counsel for the Bihar School Examination Board (Higher Secondary), Patna (hereinafter referred to as the Board) and the Principal of Baba Singheshwar College, Singheshwar, Madhepura (hereinafter referred to as the college). 2. Petitioners claimed themselves to be the teaching and non-teaching employees of the college. They have filed this writ petition praying, inter alia, to direct the new Managing Committee not to disturb the petitioners from discharging their duties. It is also submitted that notwithstanding the disturbance made by the new Managing Committee, petitioners continue to discharge their duties as teaching, non-teaching employees of the college. 3. Counsel for the Board, with reference to paragraph 14 of the counter affidavit filed on behalf of the respondent nos. 3 to 5, states and submits that the college in question being a private college and the post having not been duly created/ sanctioned for the college, hence the Governing Body of the college is competent to make appointment or to take disciplinary action against the 3 employees of the college. 4. Counsel for the Principal of the college, with reference to the averments made in paragraph 11 of the counter affidavit, states that petitioners are no more employees of the college as their services stood terminated way back in the year 1994. 5. Counsel for the petitioners by filing I.A. No. 4050 of 2009 annexing the copy of Advertisement no. 04/2009 submitted that the disturbance made by the new Managing Committee in letting the petitioners discharge their duties in the college is contrary to the instructions contained in Advertisement nos. 43/1992 and 31/1993. Learned counsel further submitted that when the Board learnt about disturbance being created by the new Managing Committee after the State Government announced the policy to release fund for the colleges, which were earlier unaided institutions, the Board issued aforesaid Advertisement no. 04/2009. 6. In the light of the instructions contained in Advertisement No. 04/2009 published in the Hindustan newspaper on 17.1.2009, Annexure-2 to the said I.A., I direct the petitioners to appear before the Director, 4 Academics of the Board and raise their grievance about the hindrance being caused by the Managing Committee in discharge of their duties. The Director, Academics shall pass appropriate orders dealing with the grievance of the petitioner in the light of the response of the Managing Committee of the college. Before passing any order in regard to the case of the petitioners, the Director, Academics shall issue notice to the Principal of the college and after considering the case of both the sides shall pass appropriate orders in the light of the instructions contained in Advertisement nos. 43/1992 and 31/1993 referred to in Advertisement No. 04/2009 as early as possible, in any case within three months from the date of receipt/ production of a copy of this order before the Director, Academics. 7. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)