IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4237 of 2009 1. Kamla Prasad, Son of Late Ramji Prasad, Resident of Village Murgia Chowk, P.O. + P.S. Ishlampur, District Nalanda 2. Mahendra Kumar Singh, Son of Sri Nand Kishore Prasad Singh, Resident of Village Dundi Bigha, P.O. + P.S. Ekangar Sarai, District Nalanda at Biharsharif. 3. Dinesh Prasad, Son of Late Ramji Prasad, Resident of Village Badhanpura, P.S. Hilsa, District Nalanda. 4. Kameshwar Prasad, Son of Late Jaggu Prasad, Resident of Village Bhat Bigha, P.S. Hilsa, Detract Nalanda. 5. Ram Pravesh Singh, son of Late Chhotu Mahto, Resident of Village Tika Bigha, P.S. Ekangar Sarai, District Nalanda. 6. Annu Prasad, Son of Late Ramji Prasad, Resident of Village Barhanpur, P.S. Hilsa, District Nalanda 7. Raj Nandan Prasad, Son of Late Parmeshwar Prasad, Resident of village Rasalpur, P.S. Ekanger Sarai, District Nalanda. 8. Deo Nandan Prasad, Son of Late Ram Sweak Prasad Singh, Resident of Village Barhanpur, P.S. Hilsa, District Nalanda 9. Suresh Prasad, Son of Late Mahavir Prasad, Resident of Village Kharjama, P.S. Ishlampur, District Nalanda at Biharsharif. 10. Janardan Prasad, Son of Sri Shivam Mahto, Resident of Village Lodipur, P.O. + P.S. Hulasganj, District Jehanabad 11. Avinash Prasad, Son of Late Sheo Nandan Prasad, Resident of Village Karni Bigha, P.S. Ekanger Sarai, District Nalanda……………………………………………………….Petitioners Versus 1. The State Of Bihar through the Principal Secretary, Human Resources Development Department, Bihar, Patna. 2. The Magadh University Bodh Gaya, District Gaya through its Registrar. 3. The Vice-Chancellor of Magadh University, Bodh Gaya, District Gaya 4. The Registrar of the Magadh University, Bodh Gaya. 5. The Adhoc Governing Body of the Degree College Ishlampur, P.S. Ishlampur, District Nalanda at Biharsharif through its Secretary. 2 6. The Secretary of the Adhoc Governing Body of Degree College Ishlampur, P.S. Ishlampur, District Nalanda at Biharsharif. 7. The Incharge Principal of the Degree College Ishlampur, P.S. Ishlampur, District Nalanda at Biharsharif……………………………………..……Respondents ----------- 2 23.09.2010 Heard learned counsel for the petitioner as well as learned counsel for the respondents. Petitioners claim to be validly appointed as non-teaching staff of the Degree College, Islampur. Their grievance is that without any enquiry with regard to staff who are entitled for payment of salary on the basis of valid appointment and continuance, the Management of the College are making an attempt to induct new persons in the records of the University showing them as appointed and are contemplating to disburse salary to them from the grant received from the Government. On the last date, this Court had made enquiry whether grant to a Deficit College is released by the Government directly or through the University. On instructions, learned counsel for the parties informed this Court that grant goes to the University and the same is released by the University in favour of the 3 College with certain directions. The grant is to be deposited in the account of the College and thereafter payments have to be made to the teaching and non-teaching staff. Since petitioners allege that the Management of the College is making mala fide attempt to show other persons as working in the College and release payment to them, this Court feels it appropriate that petitioners should file representation before the Vice-Chancellor of the Magadh University with supporting documents in respect of their valid appointment and continuance. If such a representation is filed by the petitioners within one month from today, it will be appropriate for the Vice- Chancellor to get an enquiry held in the matter by any responsible officer of the University to identify the actual persons who are entitled to be treated as having been appointed and continuing in the College so that payment may be released by the authorities of the College only in their favour and none else. If the Vice-Chancellor thinks it appropriate, he may not release the fund to the College till the enquiry is completed. 4 The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)