IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.799 of 2011 In Civil Writ Jurisdiction Case No. 12772 of 2010 ===================================================== = Rama Shankar Sharma, S/o. late Raj Balam Sharma, Lecturer, Department of Geography, Akshyavat College, Mahua, P.S. Mahua, Distt. Vaishali, presently, residing Behind S.P. Kothi, S.D.O. Road, P.S. Hajipur Sadar, District- Vaishali at Hajipur. .... .... Appellant/s Versus 1. The State Of Bihar through the Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna. 2. The Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna. 3. The B.R.A. Bihar University, Muzaffarpur through its Registrar. 4. The Vice Chancellor, B.R.A. University, Muzaffarpur. 5. The Registrar, B.R.A. University, Muzaffarpur. 6. The Sub-Divisional Officer, Mahua, Vaishali. 7. The Principal Akshayabat College, Mahua, Vaishali. .... .... Respondent/s ===================================================== Appearance : For the Appellant/s : Mr. Pramod Mishra For the Respondent/s : Mr. Jawahar Pd. Karn A.A.G.-4 ===================================================== CORAM: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH and HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH) 02. 24.08.2011 Heard learned counsel for the appellant and learned counsel for the University and perused the order dated 04.04.2011 of the writ court whereby writ petition bearing C.W.J.C. No.12772 of 2010 has been dismissed. The writ court noticed that petitioner had absented from the college since 2002 and there was nothing to show that he was granted leave of any kind during that time, on that account writ court did not grant any relief to the petitioner. We have been shown that petitioner’s name is not Patna High Court LPA No.799 of 2011 (2) dt.24-08-2011 2 included in the list of teachers and employees of the college submitted to the State Government. The college in question is an affiliated college managed by a governing body and the university itself has a limited role in respect of such colleges particularly when they were not receiving any aid earlier. Now when the State Government has started the scheme for grant of some kind of aid or monetary benefits, disputes have started surfacing like present one claiming that petitioner was a lawful teacher of the college. The action impugned is basically of the governing body of the college or its management which is private in nature. Hence, in our view also the writ petition was rightly dismissed. If so advised the appellant may avail other alternative remedy by approaching the University or Tribunal if constituted for the purpose, or the Civil Court for seeking appropriate relief in accordance with law. The appeal is accordingly disposed of. Mkr. (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)