LETTERS PATENT APPEAL No.149 OF 2006 Against the order dated 20.01.2006 passed by Hon’ble Mr Justice Barin Ghosh in CWJC No. 10783 of 2004 ------------- Dr. Dharma Nand Mishra son of Sri Lalan Narayan Mishra resident of Mohalla Kaliwari New Colony Gaya P.S. Civil Line, Dist. Gaya At present Principal Nawada Vidhi Mahavidyalaya, Nawada Petitioner-Appellant Versus 1. The Chancellor of the University, Bihar Raj Bhawan, Patna 2. The Secretary, Governor Secretariat, Bihar Raj Bhawan, Patna 3. The Deputy Secretary, Governor Secretariat, Bihar Raj Bhawan, Patna 4. The Magadh University, Bodh Gaya Dist. Gaya through its Registrar 5. The Vice-Chancellor ,Magadh University, Bodh Gaya Dist. Gaya 6. The Registrar, Magadh University, Bodh Gaya Dist. Gaya through 7. The Inspector of Colleges, Magadh University, Bodh Gaya Dist. Gaya Respondents- Respondents -------- For the Appellant: Mr Prem Kumar Jha, Advocate Mr Rahesh Kumar Jha, Advocate Mr Arun Kumar Jha, Advocate For the Chancellor : Mr Shivendra Kishore, Advocate -------- P R E S E N T THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH THE HON'BLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ---------- Heard learned counsel for the appellant and learned counsel for the Chancellor of the Universities. By the order under appeal dated 20.01.2006 a learned Single Judge of this court dismissed the writ petition preferred by the appellant bearing CWJC No. 10783 of 2004 by holding that donation of one lac rupees in cash or in the shape of property for the purpose of claiming nomination as a member of Senate of Magadh University under sub-section (13) of Section 18 of the Bihar Universities Act, 1976 (hereinafter referred to as ‘the Act’) would not be satisfied if donation is made to an affiliated college. On that basis the learned - 2 - Single Judge refused to interfere with letter dated 10.01.2004 issued from the Governor Secretariat under Memo No. 30th June, 2004 (Annexure 1 to the writ petition) whereby the proposal of the Magadh University for declaring the writ petitioner as a donor member of Senate of the university was turned down on the ground that donation of requisite amount made by the petitioner to Nawada Law College was not sufficient because the said college was an affiliated college. The provision of sub-section (13) of section 18 of the Act refers to donation to a college whereas under the definition clause i.e. section 2 of the Act ‘affiliated college’, ‘college’ and ‘constituent college’ have been separately defined. However, in stead of going into the task of interpreting sub-section (13) of section 18 in the light of the definition clause, we are constrained to set aside the order under appeal as well as impugned decision of the Chancellor contained in Annexure 1 to the writ petition in the light of strong assertion on behalf the writ petitioner/appellant that the Chancellor had approved similar proposal of the University when the donor concerned had donated requisite money to an affiliated college. As an instance reliance has been placed upon annexures 6 and 7 to show that two donors of R.P.S. College, Patna which is said to be an affiliated college of the Magadh University, were appointed by the Chancellor as donors life members of senate of the University by order dated 09.05.2002. In the letters patent appeal also in various paragraphs there is categorical statement of the aforesaid fact and it has been pleaded that large number of similar donors to affiliated colleges have - 3 - been made life members of the senate on account of such donation. There is no denial to the aforesaid assertions made on behalf of the appellant because no counter affidavit has been filed either in writ court or in appeal. However, instead of issuance of any positive directions, after setting aside the order under appeal and the impugned decision contained in annexure 1 to the writ petition, we remit the matter back to the Hon’ble Chancellor of the Universities for considering the matter afresh keeping in view the legal provisions and the aforesaid assertions on the part of the appellant which involve an issue of equality in terms of Article 14 of the Constitution of India. The appeal is allowed to the extent indicated above. No cost. It is expected that fresh decision shall be taken in the matter at an early date preferably within three months. (Shiva Kirti Singh, J) (Hemant Kumar Srivastava, J) The Patna High court The 13th August, 2010 shahid/ NAFR