CIVIL WRIT JURISDICTION CASE No.10781 OF 1994 In the matter of an application under Articles 226 and 227 of the Constitution of India. PROF.SHAILENDRA KUMAR SINHA, Son of Shri Parmanand Sinha, resident of Mohalla- Ashok Nagar, Police Station- Kankarbagh, District- Patna, at present professor-in-Charge of Firoz Gandhi Mahavidyalaya, Karbigahiya, Patna- 800 001. ------------- Petitioner Versus 1. THE MAGADH UNIVERSITY, Bodh Gaya through its Registrar Magadh University, Bodh Gaya. 2. The Vice-Chancellor, Magadh University, Bodh Gaya. 3. The Examination Controller, Magadh University, Bodh Gaya. 4. Mr. Vinay Kumar Singh, son of late Royit Singh, resident of N.C. Ghose Lane, New Jakkanpur, P.S. Gardanibagh, Patna. 5. Mr. Anil Kumar Singh, son of not known to the petitioner, residing in the House of Mr. Nagmani Jagdev Path, Patna- 14. ------------- Respondents. For The Petitioner :MURARI PD. SINHA For The Respondent :HARENDRA PRASAD For The Respondents 4 & 5 : Mr. Rajendra Pd. Singh, Sr. Advocate Mr. Rajeev Kumar Singh, Advocate P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A. Khan,J. This writ application was originally filed for a direction from this Court commanding the respondents 1 to 3 not to entertain any correspondence made by respondents 4 and 5 who claim to be the Secretary and Professor Incharge of the College in question. The dispute is that Firoz Gandhi Mahavidyalaya, Karbigahiya, Patna- 800 001 should be recognized as a genuine college - 2 - and affiliation be granted by the Magadh Univ ersity to the said college. I.A. application 5311 of 2008 has been filed seeking an amendment in the main writ application and stating therein that respondents 4 and 5 have compromised the matter and have entered into an agreement with the petitioners giving up their claim as the Secretary and Professor Incharge of the College in question. It also appears that respondent no. 4 died during the pendency of this application. In the mean time, the University has inspected the college and recommended it for affiliation. The amendment petition has been filed praying therein that the State Government should be added as party in this case and a direction be given to the Government to approve the recommendation of the Magadh University. It would be proper that a separate writ application should be filed by the petitioner in view of new and fresh bundle of facts which would have to be brought on record. This writ application is disposed of - 3 - with liberty to the petitioner to file a fresh writ petition, if so advised. Patna High Court 10th November 2008 Sanjay/N.A.F.R. (Sheema Ali Khan, J.)