IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 5545 of 2010 1. MAHENDRA PRASAD YADAV S/O LATE BABUJI YADAV R/O VILL BHAWANIPUR, P.S.PRATAPPUR, DISTT-SUPAUL Versus 1. B.N.MANDAL UNIVERSITY MADHEPURA THROUGH ITS REGISTRAR 2. THE VICE CHANCELLOR B.N.MANDAL UNIVERSITY , MADHEPURA 3. THE REGISTRAR B.N.MANDAL UNIVERSITY, MADHEPURA 4. THE PROFESSOR -IN-CHARGE DEGREE COLLEGE, SUPAUL 5. THE SECRETARY DEGREE COLLEGE, SUPAUL 6. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT GOVERNMENT OF BIHAR, PATNA 7. PHULDEO PRASAD S/O SRI JAGDEO YADAV R/O VILL KISHANPUR, P.S.KISHANPUR, DISTT-SUPAUL ----------- 4 19.08.2010 The petitioner claims to be a teaching employee of Degree College, Supaul under the B N Mandal University. It is an affiliated College and not a constituent College. It is not a deficit grant College either. Recently, the State Government took a decision to give certain grants by way of financial assistance to affiliated Colleges like the petitioners in order to encourage academics therein. On different parameters, the grant was calculated and then sent to the College for use. Affiliated Colleges, as are known, have hardly any funds to pay full wages to their employees and, therefore, all affiliated Colleges, who are receiving such grants are utilising the same for payment of wages to the staff. There arises the problem. The College, being managed by private Governing Body, allegations and counter allegations are made with regard to the status of the employee and their entitlement. It is this dispute that has come to this Court at the behest of the petitioner who claims that in his place, respondent No 7 has now been shown and could now be paid depriving the petitioner of any amount from the grant. There are allegations against others also. 2 Considering, prima facie, the nature of allegations, this Court, by an interim order, had restrained the College authorities from disbursing any amount as received by grant from the Government. Respondent No 7 has since appeared and filed an application for vacating stay as also for Principal and Governing Body. Various factual controversies are being raised for which this Court is ill-equipped to decide. In my view, as the College is an affiliated College of B N Mandal University, the University knows as to what are the sanctioned posts, when they were sanctioned and, to the knowledge of University, who are employed on those posts. Thus, the University should, in my view, decide the matter. I, therefore, direct that the funds, as received from the Government, shall not be disbursed to any person and shall be kept in the account of the College till the matter is resolved. For resolving such a dispute, University would appoint a responsible officer or a team of responsible officers to look into the College records, hear the objecting parties and decide the matter on materials available or made available. The College and the Governing Body would fully cooperate with the enquiry of the University. In case cooperation is lacking in any manner, the University authorities would have the power to seize all such records of the College as it deems fit and proper for the purposes of the said adjudication. It would be the duty of the Registrar of the University to see that this entire exercise, after due notice to all parties, is carried out in a 3 transparent and confidence inspiring manner and be concluded within a period of two months from today. While formalising the order, University would be required to give reasons in support thereof and communicate the same to the concerned parties as well. Disbursement would then follow strictly as per findings of the University in that regard. With these observations and directions, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)