IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13929 of 2010 1. SHEO CHANDRA SAH S/O LATE LAKHAN SAH PROFESSOR INCHARGE, NALANDA SODH SANSTHAN EVAM MAHAVIDAYALAY NAI SARAI, STATION ROAD, BIHAR SHARIF, NALANDA, R/O MOHALLA- PATEL NAGAR, SOH SARAI, P.S. SOH SARAI, DISTT.- NALANDA 2. ALHAM AHMAD BIHAR S/O LATE ISRAR AHMAD R/O MOHALLA- KHARADI BIHAR SHARIF, P.S. BIHAR, DISTT.- NALANDA, PRESENTLY WORKING AS LECTURER, DEPARTMENT OF POLITICAL SCIENCE IN NALANDA SODH SANSTHAN EVAM MAHAVIDAYALAY NAI SARAI, STATION ROAD, BIHAR SHARIF, NALANDA 3. ASUTOSH PRASAD S/O LATE RAM CHANDRA MAHTO R/O MOHALLA- RAMPUR, BAIGNA BAD, BIHAR SHARIF, P.S. BIHAR, DISTT.- NALANDA, PRESENTLY WORKING AS LIBRARIAN IN NALANDA SODH SANSTHAN EVAM MAHAVIDAYALAY NAI SARAI, STATION ROAD, BIHAR SHARIF, NALANDA 4. SAHDEO PRASAD S/O LATE CHAMARI MAHTO R/O MOHALLA- NARSALIGANJ, NAISARAI, BIHAR SHARIF, P.S. BIHAR, DISTT.- NALANDA, PRESENTLY WORKING AS HEAD OF DEPARTMENT OF CHEMISTRY IN NALANDA SODH SANSTHAN EVAM MAHAVIDAYALAY NAI SARAI, STATION ROAD, BIHAR SHARIF, NALANDA 5. SHYAM KISHORE PRASAD S/O LATE MUNSHI MAHTO R/O MOHALLA- SATHOPUR, P.S. DEEPNAGAR, DISTT.- NALANDA, PRESENTLY WORKING AS CLERK IN NALANDA SODH SANSTHAN EVAM MAHAVIDAYALAY NAI SARAI, STATION ROAD, BIHAR SHARIF, NALANDA Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRTARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA - 2 - 4. THE DEPUTY SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 5. DIRECTOR, HIGHER EDUCATION HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 6. THE DISTRICT MAGISTRATE, NALANDA AT BIHAR SHARIF 7. MAGADH UNIVERSITY THROUGH ITS REGISTRAR, BODH GAYA 8. VICE CHANCELLOR, MAGADH UNIVERSITY, BODHGAYA 9. REGISTRAR, MAGADH UNIVERSITY, BODHGAYA 10. FINANCE OFFICER, MAGADH UNIVERSITY, BODH GAYA 11. BRANCH MANAGER, SYNDICATE BANK, BARADARI, KHANDAK ROAD BIHAR SHARIF, NALANDA, P.S. BIHAR, DISTT.- NALANDA 12. SRI SARYU PRASAD S/O LATE GOVIND SAH R/O MOHALLA- AMBER, BIHAR SHARIF, P.S. BIHAR, DISTT.- NALANDA 13. SRI RAKESH RANJAN PRASAD S/O SARYUG PRASAD R/O MOHALLA- AMBER, BIHAR SHARIF, P.S. BIHAR, DISTT.- NALANDA ----------- For the Petitioners :- Mr. Anjani Kumar. For the State :- Mr. Rishi Raj Sinha, G. P. XIX & Mr. Rakesh Prabhat, A.C. to G.P. XIX ----- 2 18/04/2011 Nature of dispute being such that either an adjudication is required to be made at the level of the University or may be a Civil Court of competent jurisdiction because evidence would be required to be led/ taken before a finality can be reached. There are too many claimants with regard to payment and serious - 3 - question being raised about their authenticity of being employees, teaching and non teaching, as the case may be, of the College in question. Since disputes of such kind is not un-common in affiliated Colleges, specially after the State Government has started releasing funds in their favour, the Court is of the opinion that it is better that the matter is relegated to the Registrar of Magadh University, Bodh Gaya, (respondent no. 9), who will not only hear the petitioners but shall also the Managing Committee or all such Managing Committees to be so and then render his opinion on the status of the claim of these petitioners. If the petitioners move the Registrar with a copy of this order, the Registrar of Magadh University will issue notice to all other concerned and after hearing them pass an order which may help in resolution of the dispute to some extent. If the parties are still aggrieved of such adjudication, they may move the forum available to them as per law. The Court, however, is of the opinion that an earlier adjudication within a period of three months should be enough in this regard. - 4 - This writ application is disposed of with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)