IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7523 of 2009 Dr.Raman Bihari Sinha'raman', son of Late Ram Kiran Sinha, resident of Mohalla- Chapki Parari, P.O. Lakshmi Sagar, P.S. Sadar Darbhanga, District & Town- Darbhanga ……….. Petitioner Versus 1.The V.C.,Baba Saheb Bhimrao Ambedkar Bihar University, Muzaffarpur 2.Registrar, Baba Saheb Bhimrao Ambedkar Bihar University, Muzaffarpur 3.Sub-Divisional Officer, Mahnar, Vaishali 4.Nityanand Rai, M.L.A. 13, Chhajju Bag, Patna 5.Dr.Satish Patel, Mohalla- Andi Gola, P.S. Sadar, District- Muzaffarpur 6.Jalandhar Prasad S/O Sri Yogendra Prasad Singh, resident of village and P.O. Uphroli, P.S. Desari, District- Vaishali 7.Governing Body of Birchand Patel Smarak College, Desari (Vaishali), through its Secretary S.D.O. Mahnar, Vaishali ……. Respondents ----------- 5 1.10.2010 The grievance of the petitioner is that he was Principal of the affiliated college for the last 20 years. In 2003, he suffered paralytic stroke and applied for long leave of five years, which was granted by the Governing Body. However, before expiry of the leave, he returned and tried to join in the College, which was not allowed by the Governing Body and the in-charge principal, who was functioning at that time. Since then he is out of service and without any salary. It is not disputed that since the college is a private college affiliated to the University and under the management of 2 the Governing Body, no writ can be issued against the Governing Body. However, learned counsel for the petitioner has referred to Clause-9 of statute No.32 regarding Governing Body to contend that in a matter of dispute between the principal and the Governing Body, the same may be referred to the Vice- Chancellor whose decision in the matter shall be final. Therefore, he submits that the matter may be referred to vice-Chancellor, who shall consider the same and pass an appropriate order. In-charge Principal (respondent No. 6) appears through his counsel and submits that the petitioner was absent from duty since 1999 itself and as such the Governing Body took steps for filling up the post of Principal and had appointed respondent no.6 as an Acting Principal pending final decision in respect of appointment of permanent Principal. The dispute between the parties and action of the Governing Body cannot be considered by this Court in writ jurisdiction as the same falls in the domain of private employment. However, since provision exists 3 for resolving the dispute by the Vice- Chancellor in terms of the statute, this writ application is disposed of with liberty to the petitioner to approach the Vice- Chancellor, in terms of the said Clause-9 of the Statute, with a request to enquire into the matter and take a final decision. It is expected that if the petitioner approaches the Vice Chancellor of the University, he will take final decision in the matter after giving due opportunity to the parties concerned, as soon as possible and preferably within a period of three months from the date of receipt/ production of the copy of this order. The writ application is disposed of. Prakash/Pradeep ( J. N. Singh, J.)