IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1499 of 2008 1.S.S.P.S.COLLEGE,SHAMBHUGANJ, at P.S. & P.O. Shambhuganj, District Banka, through its secretary Sri Sunil kumar Singh s/o sri Dr., Diwakar Pd. Singh Ex MLC and former minister of education human resources development department govt. of Bihar, resident of village Gulani Kushaha P.S.Shambhuganj, District Banka at present residing at 192 kautilya Nagar Razabazar, p.S. Shastri Nagar Dist. Patna. 2.Sri Indrajit Kumar Singh s/o late Nunumani Singh resident of village Rangapatal P.O. Nowgain, Via Tarapur, District Munger, professor incharge S.S.P.S. College, shambhuganj at P.S. P.O. shambhuganj, District Banka. Versus 1.STATE OF BIHAR through the Secretary Higher Education New Secretaiat building, Bailey Road Patna 800001. 2.Sri Anjani Kumar Singh s/o Name not known the Secretary Higher Education, New Secretariat building, baily Road, Patna 800001 3. Dr. Prema Jha w/o Name not known, the Vice Chancellor Tilka Manjhi Bhagalpur University, P.S. & Dist. Bhagalpur. 3.Dr. Gulam Mustafa s/o Name not known, the Registrar Tilka Manjhi Bhagalpur University Bhagalpur P.S. & Dist. Bhagalpur. ----------- 3 30/3/2010 Heard learned counsel for the petitioners and learned counsel for the State. This Court had passed an order on 15.9.2006, operative portion whereof reads as follows:- “The State Government is requested to take a final decision pertaining to permanent affiliation of the College in question in respect of the subjects mentioned in the letter dated 4.9.2006 as quickly as possible but not later than one year from today.” It is thus clear from the direction given by this Court 2 that even by way of request the time limit for such consideration was confined to 15.9.2007 only. Today, in the month of March, 2010, counsel for the State has produced a letter of the Director, Human Resources Department dated 30.3.2010, copy whereof has been kept on the record, to contend that certain information has been solicited from the University and the College. As soon as those information will be made available final decision as directed by this Court will be taken. Counsel, however, could not point out that there was clear contempt on the part of the Director to mislead this court, which by not stating that for the first time the Government came into action by writing letter dated 26.3.2010, i.e, four days earlier to the instruction given to the counsel on 30.3.2010. This is definitely not permissible, inasmuch as, opposite parties are under obligation to comply the order of this Court if the same has not been interfered with by the Apex Court. Considering, however, the fact that steps have already been taken, this Court by way of last indulgence would give three months time to take a final decision in terms of the earlier order of this Court. It is made clear that if order is not passed in the aforementioned period of three months the Principal Secretary of the Human Resources Development Department and the Secretary of the Higher Education as also Director would be held personally responsible for not complying the order. 3 With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)