IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.909 of 2008 1. LALIT NARAYAN MITHILA UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA THROUGH ITS VICE CHANCELLOR 2. THE REGISTRAR, LALIT NARAYAN MITHILA UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA 3. THE EXAMINATION CONTROLLER, LALIT NARAYAN MITHILA UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA 4. SRI MISHRI LAL THAKUR, VICE CHANCELLOR, LALIT NARAYAN MITHILA UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA ……. APPELLANTS Versus 1. S.M.NAIYER IMAM S/O LATE S.M.ZARREF, R/O BAHERA, P.S. BAHERA, DISTRICT DARBHANGA, PRESENTLY WORKING AS SECRETARY OF RAUF MUSLIM JAMIA AND SECRETARY OF GOVERNING BODY OF ITS ALL INSTITUTION. ….. PETITIONER – RESPONDENT 1ST SET. 2. THE CHANCELLOR, LALIT NARAYAN MITHILA UNIVERSITY, GOVERNOR SECRETARIAT, BIHAR, PATNA ….. RESPONDENT NO.1 .. RESPONDENT 2ND SET 3. S.M. NAQUI IMAM S/O LATE S.M. ZARREF R/O MOHALLA BAHERA, P.S. BAHERA, DISTRICT – DARBHANGA …. RESPONDENT NO.6 .. RESPONDENT 3RD SET 4. BISHESHWAR NATH SINGH S/O LATE SHIV BALAK SINGH R/O 4 JAGAT BALRAM APARTMENT, NORTH S.K.PURI, BORING ROAD, P.S. -S.K. PURI, TOWN + DISTRICT – PATNA …. INTERVENOR .. RESPONDENT 4TH SET. ----------- For the appellant: Mr. Lalit Kishore, Sr. Advocate AAG – III, with Mr. Pushkar Narain Shahi, Advocate For the respondents : None P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- 2 Dated, the 20th November, 2008 We heard Mr. Lalit Kishore, Additional Advocate General – III. He would submit that that the Vice Chancellor passed the order dated 2nd of June, 2008, keeping in view the interest of the students and it was to remain effective until dispute was finally settled by a competent court or authority. To our query, as to whether the Vice Chancellor was competent to recognize Dr. S. M. Naqui Imam as President of the Rauf Muslim Jamia Society and the Chairman/Director of the Institutions established under it as well as Dr. S.M. Naqui imam Dental College and Hospital, Bahera and S.M. Zaheer Alam Teachers Training College, Bahera , when there was dispute amongst the management of the institutions and the respondent society, Mr. Lalit Kishore, AAG – III submitted that legally speaking the Vice Chancellor may not be competent to issue such order of recognition. 2. Having considered the matter thoughtfully, in our considered view, the order of the single judge setting aside the order dated 2nd June, 2008 passed by the Vice Chancellor, Lalit Narayan Mithila University, with regard to recognition to Dr. S. M. Naqui as President of the Rauf Muslim Jamia Society and the Chairman/Director of the concerned institutions cannot be said to suffer from any legal flaw. 3. The Single Judge has further observed that either of 3 the concerned parties may approach the Civil Court for an appropriate order to enable the subject institutions to function if not approached so far. We clarify that either of the contesting parties may obtain an appropriate interim order from the competent forum with regard to management of the subject institutions and if such order is passed by the competent forum such interim arrangement shall continue until disposal of the main proceedings. 4. With the aforesaid clarification, the appeal is disposed of. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-