IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.871 of 2011 SHYAM MISHRA . Versus THE STATE OF BIHAR & ORS. . ----------- 4/ 04/05/2011 C.W.J.C. No.3042/10 was filed by one Shyam Mishra aggrieved by the constitution of an Ad hoc Committee of the Baba Bhootnath College at Gopalganj. The Court directed the Bihar School Examination Board to ensure constitution of a regular Managing Committee on or before 31.12.2010. Till then the Ad hoc Committee shall was not to take any major policy decision or major financial decision except with the approval of the Chairman of the Board and it was to discharge only routine functions. After the specified date, the Ad hoc Committee shall automatically come to an end. The present application has been filed for modification of the aforesaid order by the Principal of the Baba Bhootnath College, Gopalganj contending that the term of the Ad hoc Managing Committee has come to an end on 31.12.2010. The respondent Board has not constituted any Managing Committee as a result of which neither an Ad hoc Committee nor a Managing Committee is functioning. The writ petitioner Shri Shyam Mishra who claims himself to be the erstwhile Secretary of the College has started to create troubles in the functioning of the college. The writ petitioner has not been made a party, 2 but has appeared suo motu and questions the locus of the petitioner as a Principal. The application contends that if the Managing Committee is not constituted the Government will not release grants. The teaching and non-teaching staff will suffer. Learned counsel for the respondent Board submits that it no more exercises any regulatory power over the Baba Bhootnath College, Gopalganj which is otherwise a private college only granted affiliation by the Board and therefore it has no legal authority to interfere in the constitution of a Managing Committee. That leaves a situation of a management tussle in a private institution. There is no occasion for this Court to make any pronouncement in this modification application on the status of Shri Shyam Mishra or the claimant Principal. Their remedy lies before a competent civil court. The question whether funds should be released to an institution in which there appears to be a internecine dispute going on which can properly be resolved before a Civil Court only, the question of release of funds by the State Government is left to the discretion of the State Government. The application is disposed. KC ( Navin Sinha, J.)