IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.564 of 2009 DR.RAN VIJAY KUMAR Versus THE STATE OF BIHAR & ORS ----------- 04. 09.07.2009 Heard learned counsel for the appellant, learned counsel for the Chancellor, learned counsel for the University and learned counsel for the State. On behalf of appellant it has been submitted that he has been compelled to prefer this appeal in his own name only because at the relevant time when irregular admissions were taken in the B.B.A. course of Patna University, he was the Director-cum-Principal of the institution and some adverse comments in the judgment and order under appeal are likely to have adverse effect upon him because in Para 31 the writ court has noticed that from the submission of learned counsel for the Respondent Nos. 3 to 6 it transpired that suspension of the then Director and the Clerks and criminal case against all concerned including those who made illegal payments, is in contemplation. It is the stand of the appellant that writ petition was filed by the concerned students and they had made Director- cum-Principal a party only by designation and hence the appellant was not in a position to place his individual defence before the writ court. We have carefully gone through the judgment and - 2 - order under appeal and we find that none of the issues decided by the writ court affect the appellant in his personal capacity except a fact noticed by the writ court as indicated above. It can not be denied that excess admissions were made in irregular manner and hence the writ court dismissed the writ petition filed by the affected students. We find no necessity to interfere with the judgment and order under appeal only because of apprehension of the appellant that he may be at a later stage affected by some observations in that judgment and order in any disciplinary proceeding or criminal case under investigation. However to take care of such apprehension we clarify that any observation or finding in the judgment and order under appeal shall not be made the sole basis for proceeding against the appellant in any proceeding and if there is any proceeding or investigation in relation to irregular admissions the same shall be conducted in accordance with law without being unduly influenced by any observation and finding in the judgment and order under appeal. With this observation the appeal is disposed of. Vikash/- (Shiva Kirti Singh, J.) (Anjana Prakash, J.)