IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7293 of 2011 ====================================================== Governing Body Of International College .... .... Petitioner/s Versus Tilka Manjhi Bhagalpur Univers .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Navjot Yeshu For the Respondent/s : Mr. Madhuresh Prasad Gp12 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 4 05-12-2011 Heard learned counsel for the petitioner and the Tilka Manjhi Bhagalpur University. The petitioner is a Managing Committee stated to have been constituted on 7.12.2008. It is aggrieved by the order of the University dated 11.4.2011 constituting an ad hoc committee of the persons as mentioned therein. Learned counsel for the petitioner submits that the order is contrary to Section-60 of the Bihar Universities Act. It is further contrary to the principles of natural justice. Even if the respondents opine that there were any grounds, a procedure had to be followed with a liberty to defend before dissolution of the Managing Committee constituted in accordance with law. Learned counsel for the respondent University submits that this Court in C.W.J.C. No.8286/10 had directed an enquiry into the college and to then take Patna High Court CWJC No.7293 of 2011 (4) dt.05-12-2011 2 appropriate steps. The order in C.W.J.C. No.8286/10 appears to be related to identification of bona fide and genuine teachers and payment to them. The constitution of the Governing Body was not an issue involved. In any event, this Court never granted authority to the respondents to proceed contrary to law by holding an alleged enquiry behind the back of the Managing Committee and passing the impugned order. The fact that the Principal of the college in question may have been heard can be no substitute for a grant of hearing to the Managing Committee through its Secretary. The order dated 11.4.2011 is accordingly set aside. The consequential order dated 15.9.2011, insofar as the petitioner Managing Committee is concerned, is also set aside. All other objections of the petitioner, whether on facts or law, are left open for consideration if the respondents decide to proceed afresh in accordance with law. The writ application is allowed. Krishna Chandra Jha/- (Navin Sinha, J)