IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15246 of 2010 GURUCHARAN SAH & ANR . Versus THE STATE OF BIHAR & ORS . ----------- 02. 04.10.2010 Heard learned counsel for the petitioner, learned counsel for the State, learned counsel for the Magadh University as also learned counsel for the private respondent no.12. The petitioner is aggrieved by the constitution of an ad-hoc governing body on 19.8.2010. The further grievance is that affiliation has been granted in certain subjects by order dated 13.8.2010 without fulfillment of requisite conditions. Learned counsel for the petitioner submits that due to wrong grant of affiliation, an ad-hoc governing body has been constituted to facilitate control of the institution by special persons. The petitioner was the Secretary/Chairman of the erstwhile governing body before affiliation was lost and fresh affiliation has been granted. Learned counsel for the University submits that the petitioner was the Secretary/Chairman of an ad-hoc governing body also. Section 60 Sub-clause -4 empowers the Vice-Chancellor to constitute an ad-hoc Managing Committee pending constitution of a governing body 2 under the provisions of the Bihar State Universities Act. By its very nomenclature, the body constituted by the order dated 19.8.2010 is transitory in nature. The concern of the Court is primarily with regard to the functioning of the educational institution and imparting of knowledge by holding classes. If the class room is shut down in the battle for supremacy over the managing committee, that is an unfortunate situation which may have its aspersions on the Institution itself. This Court therefore requests the Chancellor before whom the petitioner is stated to have already represented with regard to the closure of the class room to kindly examine matters at his earliest convenience so that the class room is opened for imparting of education in the Institution forthwith. This Court also requests the Chancellor to issue appropriate orders/directions to the Vice- Chancellor at his earliest convenience so that a governing body is constituted at the earliest in accordance with law. Pending such final decision by the Hon’ble Chancellor, the ad-hoc governing body is restrained from taking any major policy and/or financial decision which shall unnecessary have to await the 3 constitution of a regular governing body. The application stands disposed. P.K. (Navin Sinha, J.)