IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.669 of 2011 1. GOVERNING BODY OF PANDIT JAWAHAR LAL NEHRU MAHAVIDYALAYA, Marhowrah, P.S. Marhowrah, District Saran through its Secretary, 2. Dr. Narendra Kumar Singh son of late Manokamana Prasad Singh, resident of Ram Sharan Bhawan, village Pakhan, P.O. & P.S. Marhowrah, District Saran, …. Petitioners/ Appellants Versus 1. THE STATE OF BIHAR, 2. Principal, Secretary, Human Resources and Development Department, Higher Education, Government of Bihar, New Secretariat, Patna, 3. The Director, Higher Education, New Secretariat, Patna, 4. Bihar School Examination Board (High Education, Budh Marg, Patna, P.S. Kotwali, District Patna through its Secretary, 5. Chairman, Bihar School Examination Board (High Education, Budh Marg, Patna, P.S. Kotwali, District Patna, 6. Secretary, Bihar School Examination Board (High Education, Budh Marg, Patna, P.S. Kotwali, District Patna, 7. The Deputy Secretary, Bihar School Examination Board (High Education, Budh Marg, Patna, P.S. Kotwali, District Patna, … Respondents/Respondents 8. Akhileshwar Upadhyay, Professor in charge, son of late Jeetan Upadhyay, residentof village Aphaur, P.S. Khaira, District Saran, 9. Ajay Kumar Singh, Department of English, resident of Vidhyachal Main Road, Marhowrah, District Saran 841418, 10. Arun Kumar Singh, Department of History, resident of village Gyaspur, P.O. Rasulpur, District Saran, 11. Shashi Bhushan Singh, Department of Sociology, resident of village Pursauli, P.O. Isuapur, District Saran, 12. Manoj Kumar Singh, Department of L.S.W., resident of village Vaishya Tola, P.O. Marhowrah, District Saran, 2 13. Krishna Kanto Ojha, Department of Zoology, kresidentof village + P.O. Agauther Nanda, Via Marhowrah, District Saran, 14. Arvind Kumar Mishra, Department of Physics, resident of village Lerua (Pandly Tola), P.O. Tejpurwa, District Saran, 15. Brajesh Kumar Singh, Department of Geography, resident of village Bahadurpur, P.O. Kawalpura, Via Masrak, District Saran, 16. Madhusudan Singh, Department of chemistry, resident of village Tejpurwan Tola-Chainpur, P.O. Mirzapur, District Saran, 17. Uday Shankar Chaubey, Department of Sanskrit, resident of village Baidyanathpur, P.O. Kareejan, District Saran, 18. Sudhir Kumar Singh, Department of Psychology, resident of village Gosi Amnour, P.O. + P.S. Amnour, District Saran, 19. Braj Kumar Singh, Peon, son of late Bhuneshwar Singh, resident of village Vikrampur, P.O. Kranpura, P.S. Marhawrah, District Saran, 20. Ram Nath Singh, Head Clerk, resident of village Atanagar, P.O.+ P.S. Uchuwapur, District Saran, 21. Vidya Bhushan Singh, Department of Hindi, resident of village Dumri Chitrauli, P.O. Khairah, District Saran, 22. Jeetendra Kumar Giri, Department of Mathematics, resident of village Mubarakpur, P.O. Marhowrah, District Saran, 23. Abhay Kumar Chandel, Department of Botany, resident of village Dumri Chapian, P.O. Dumri Chapian, District Saran, 24. Akil Anwar, resident of village Sarai Muzaffarpur, P.O. Parsa, District Saran, … Respondents/Intervenors For the Appellants: Mr. Yugal Kishore, Sr. Advocate, M/s Nutan Sahay and Sanjay Kumar, Advocates. For the BSEB: Mr. Lalit Kishore, Sr. Advocate. For the State: Mr. Manoj Kr. Ambastha, GP 14, Mr. Subodh Kumar, AC to GP 14. For Intervenors: Mr. Bindhya Keshari Kumar, Sr. Adv., Mr. Shekhar Singh, Advocate. ----------- 3 2 12.05.2011 Heard the parties. Learned counsel for the intervenors is permitted to correct the number of the Letters Patent Appeal in the counter affidavit. This appeal has been preferred against an interim order passed by a Writ Court on 28th March, 2011. From the records, it appears that the writ petitioner- the Governing Body of Pandit Jawahar Lal Nehru Mahavidyalaya, Marhowrah, Saran has challenged an order dated 05.05.2010, whereby the Bihar School Examination Board, Patna(hereinafter referred to as “the Board”) constituted an ad hoc committee for the college in question. The challenge, inter alias, is on an issue of law that the Board does not have power to dissolve the Governing Body and replace it with an ad hoc committee. It further appears that on 19.01.2011 the impugned order of the Board has been stayed by the Writ Court. Thereafter, on account of a legal opinion by the counsel for the concerned Bank, the Governing Body has been prevented from operating the Bank Account only on the plea that the writ petition is still pending and while the impugned order has been stayed, the same has not been quashed as yet. 4 Some intervenors, who have not received their salary since April 2010, obviously on account of constitution of ad hoc committee in May 2010, raised a grievance that some arrangement should be made so that salary may be paid to them regularly. Pursuant to such request, the impugned order has been passed in the interest of the College to the effect that the Divisional Commissioner shall authorize any of his subordinate officer to take charge of the financial matter of the college so that the payment of salary and other admissible emoluments of the employees of the college is not affected. We find substance in the grievance of the Governing Body that because of the stay order, which is still continuing, the Governing Body has ample jurisdiction to exercise all powers available to it under law. There appears no good reason to interfere with the effect of the order of stay only because the writ petition is still pending. Hence, the Governing Body, in our opinion, should be directed to ensure the payment of salary and emoluments of the employees of the college as per the direction of the Writ Court regularly without any undue delay and for this purpose, the authorities of the concerned Bank are directed to extend all cooperation regardless of the pendency of the writ petition. In order to ensure that there is transparency in 5 the maintenance of the Bank accounts of the college, the Governing Body is directed to send a copy of accounts to the Divisional Commissioner for records. This interim arrangement is being made in place of one made by the order under appeal only for the period of pendency of the writ petition. As parties have expressed their desire for early disposal of the writ petition, it is expected that the Writ Court shall make all efforts to dispose of the writ petition at the earliest, preferably within three months. For regular work of the college and payment of salary of the concerned employees of the college, the Bank shall extend full cooperation to the Governing Body. The due salary should be paid without any delay, preferably within four weeks from today. The order under challenge is modified to that extent only. The appeal stands disposed of accordingly. SC (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)