IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6968 of 2010 1. DR. SARYU KUMAR S/O LATE NARAYAN PRASAD MOHALLA- HAZI SUJAN, P.S.- KOTWALI, DISTT.- MUNGER, PRESENTLY IN- CHARGE PRINCIPAL, THE TEMPLE OF HONEYMAN HOMEOPATHIC MEDICAL COLLEGE AND HOSPITAL, MUNGER Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY, HEALTH AND MEDICAL EDUCATION DEPARTMENT, PATNA 2. DIRECTOR DESI CHIKITSA PATNA 3. THE COLLECTOR MUNGER ----------- 02. 17.03.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the actions of the District Magistrate hindering the operation of the Bank Accounts of the college in question, by the petitioner claiming to be an in-charge-Principal. Learned counsel submits that the operation of the Bank Accounts has been stopped since September, 2008, preventing payment of salary to the employees, inclusive of development of college works etc. It is submitted that the college is a completely private Medical College and Hospital with its own governing body constituted under Section 60 of the Bihar State University Act. It is the governing body which is alone competent to take such decisions of the present nature. The actions of the Collector is completely without jurisdiction. The writ petition was filed on 21.4.2010 after serving two copies in the office of the Advocate General, the 2 second to facilitate the early filing of a counter affidavit. Notwithstanding the passage of nearly one year when the actions of the District Magistrate were directly in question the official respondents have not had the courtesy even to assist the Court in the dispensation of justice by filing of a counter affidavit. The Court makes no pronouncement on the rights of the petitioner as an in-charge-Principal and his authority to operate the Bank Accounts etc. The court only makes a declaration that the Collector had no authority to interfere in the matter. The issue of operation of the Bank Accounts of the private college is a matter in the exclusive domain of the governing body of the college that may have been or may be constituted in accordance with law. The application stands disposed in the aforesaid terms. P.K ( Navin Sinha, J.)