IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8402 of 2011 Kitab Lal Ray, son of late Atwaru Roy, resident of Mohalla-Paharpur, Police Chouki, P.S. Phulwari, District- Patna ----- Petitioner. Versus 1. The College of Commerce, through Principal (M.U.), Kankarbagh, Patna. 2. The Vice-Chancellor, Magadh University, Bodh Gaya 3. The Principal, College of Commerce, Patna. 4. Magadh University through its Registrar, Bodh Gaya. 5. The Secretary, Higher Education Department, Govt. of Bihar, Patna. 6. Sri Anjani Kumar Singh, Principal Secretary, Department of Higher Education, Govt. of Bihar, Patna. 7. The Financial Advisor, Magadh University, Bodh Gaya. 8. The Finance Officer, Magadh University, Bodh Gaya. 9. Professor, R.N. Pandey (Bursar), Department of Economics, College of Commerce, Patna-20. 10. Professor Ramadhar Prasad, Head of Department of Mathematics currently Member of Promotion Committee (Non-Teaching), College of Commerce, Kankarbagh, Patna. 11. Bhubeneshwar Dewedi, son of late Ram Prit Dewedi, at present Acting Head Clerk, College of Commerce, Kankarbagh, Patna-20. ------------- Respondents. ------ 2. 13.5.2011 Heard Mr. Ibrahim Kabir for the petitioner, and Mr. Vikash Kumar, learned Assistant Counsel to Additional Advocate General for respondent no.5. The petitioner seeks a direction to the functionaries of the Magadh University that respondent no.11 has already reached the age of superannuation, and he may be directed to vacate the office forthwith. A brief statement of facts essential for the disposal 2 of the writ petition may be indicated. The petitioner and respondent no.11 joined the services of the respondent University in 1969 and 1967 respectively. According to the petitioner, the relevant rules governing service conditions of the employees of the Magadh University are to the effect that no person can serve the University for a total length of 44 years or 62 years of age, which ever occurs earlier. In his submission, respondent no.11 has already completed 44 years of age and he should, therefore, be required to vacate the office he occupies in the respondent College. The petitioner has earlier approached this Court by preferring C.W.J.C. No. 2613 of 2010, which was dismissed by order dated 7.12.2010, whereby the writ petition was disposed of with the observation that these are administrative matters and are best pursued by the concerned authorities. The petitioner, therefore, preferred representation before the Principal of the College who has disposed of the same by his order dated 15.3.2011 (Annexure- 6), and impugned herein. We have perused the materials on record and considered the submissions of the learned counsel for the parties. The relevant particulars with respect to the petitioner and respondent no.11 are summarised in a tabular form in the 3 impugned order, and is reproduced hereinbelow: dehZ dk uke 'kklhfudk; }kjk ekU; ,oa vuqer izFkefu;qfDr dh frfFk 'kklhfudk; }kjk ekU; lsoklEiwf"V dh frfFk rFkk Hk0fu0 dh dVkSfr gksus dh frfFk fo0fo0 ,oa mPp f'k{kk fo0 fcgkj ljdkj }kjk ekU; ,oa vuqer izFke fu;qfDr dh frfFk ekU; tUe frfFk lsok fuo`fr dh ekU; frfFk Jh Hkqus'oj f}osnh lgk;d 23-10-67 24-5-70 23-10-67 4-9-49 30-9- 11 Jh fdrkc yky jk; iz0 okgd fnup;kZ fy0@lgk;d 1-8-69 8-8-72 1-8-69 8-8-72 8-8-72 28-7-50 31-7- 12 It is evident that respondent no11 shall complete 62 years of service on 30.9.2011. The petitioner has not brought to our notice any Rule which lays down that a person can not continue in the services of the University beyond 44 years, or 62 years of age, which ever occurs earlier. In that view of the matter, the impugned order to the effect that the petitioner shall retire on 30.9.2011, on completion of 62 years of age, can not be faulted. We do not find any error in the impugned order in view of the materials placed before us. The writ petition is accordingly dismissed. Vinay/ ( S. K. Katriar,J. ) 4