IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.431 of 2009 DR.PRAKASH CHANDRA VERMA Son of Sri Manoranjan Prasad Verma, resident of Pallavi Bhawan, Behind Narmada Post Office, Mahendru, P.S. Sultanganj, District – Patna, the Ex.B.B.A. Course Coordinator –cum- Head of the Department of Economics, Patna College, Patna. … Respondent-Appellant. Versus 1. THE STATE OF BIHAR through the Secretary, Human Resources and Development Department, Government of Bihar, Patna. 2. The Chancellor of Universities, Bihar, Patna. 3. The Vice Chancellor, Patna University, Patna. 4. The Director-cum- Principal, Patna College, Patna. …Respondents-Respondents. 5. Ashutosh Kumar Son of Tej Bahadur Roy, resident of Chainpur Kothi, Nawal Kishore Road, Kadam Kuan, P.O. & P.S. Kadam Kuan, District – Patna. 6. Manish Kumar Son of Sri Abhay Kumar, resident of village Sachai, P.O. & P.S. Kurth, District – Arwal. 7. Anamika Daughter of Sri Dinanath Prasadd, resident of New Coal Distribution Policy Bangali Tola, East Mithpur, P.O. & P.S. New Jakanpur, District – Patna. 8. Ankita Kumari Daughter of Sri Laxmi Narayan Paswan, resident of Bahadurpur Gumti, Rajendra Nagar, P.O. & P.S. Kadam Kuan, District – Patna. 9. Monika Daughter of Sri Surendra Prasad Singh, resident of S K/4 Road No. 11C, Chitrakut Nagar, LIC Colony, P.O. & P.S. Digha, District – Patna. 10. Ravi Shankar Son of Sri Raj Kumar Sharma, resident of Sanjay Nagar, Road No. 10, P.S. Jakkanpur, District – Patna. 11. Priyanka Kumari Daughter of Sri Rabindra Kumar, resident of Mohalla Munnachowk, P.S. Patrakar Nagar, District – Patna. 12. Manjri Kumari Daughter of Sri Sunil Kumar Jha, resident of Maa Jageshwari Tower, B 201, Bahadur Gumti, P.S. Agam Kuan, District – Patna. 13. Dinanath Singh Priyadarshi, Son of Sri Surendra Prasad Singh, resident of Village Chandni, P.S. Kadigola, District – Rohtas. 14. Abhishek Kant Son of Sri Rama Nand Prasad, resident of Kazipur, P.S. Kadamkuan, District – Patna. 15. Pawan Kumar Son of Ram Lochan Singh, resident of Khatri Commercial Complex, Mahendru, P.S. Pirbahore, District – Patna. 16. Chandan Kumar Sah Son of Late Sri Motilal Sah Yadav, resident of V.I.P. Colony, Rai Hasanpur Chaintola P.S. Digha, District – Patna. 17. Md Kamran Arif Son of Md Arif Hussain, resident of Mushalpur, P.S. Pirbahore, District – Patna. 18. Chandan Kumar Son of Sri Pramod Kumar Singh, Surendra Kumar Singh, resident of S K/4 Road No. 11C, Chitrakut Nagar, LIC Colony, P.O. & P.S. Digha, District – Patna. 19. Niharika Ranjan Daughter of Lallan Prasad, resident of Khaznchi Road, P.S. Pirbahore, District – Patna. 20. Avinash Kaushik, Son of Sri Randhir Sharma, resident of Khagaul Bazar, P.S. Digha, District – Patna. 21. Kaushar Khan Son of Noor Alam Khan, resident of Garhiver Bhagwan - 2 - Bazar, Chapra, P.S. & District – Patna. 22. Sonam Kumari Daughter of Sri Anil Kumar Bhagat @ Anil Kumar Bhagar, resident of Ashok Rajpath, P.S. Pirbahore, District – Patna. 23. Ahmar Hussain Son of Shamim Hussain, resident of Qutubuddin lane, Ariyapur, P.S. Pirbahore, District – Patna. 24. Versha Rani Daughter of Sri Arun Kumar Bhagat, resident of Ashok Rajpath, P.S. Pirbahore, District – Patna. …. Petitioners-Respondents. 25. Rajiv Kumar Pathak Son of Sri Sanjay Kumar Pathak, resident of Block 17, Flat No. 5, Adalatganj, P.S. Kotwali, District – Patna. 26. Renu Kumari daughter of Sri Yogendra Singh, C/o Mukteshwar Upadhya, Resident of Pakari Ara, Mission Road North of Gas Agency, P.S. Ara, District – Bhojpur. 27. Sudhir Kumar Son of Sri Satya Narayan Singh, resident of C/o K.P. Singh, Jai Mahavir Colony, Road No. 3, Sandalpur, P.S. Bahadurpur, District – Patna. 28. Najmus Saquib Son of Sultan Loj, resident of Lohianagar, Alamganj, P.S. Alamganj, District – Patna. 29. Rajesh Kumar Son of Sri Sukhdev Roy, resident of village – Khajpura, P.O. Bihar Veterinary College, P.S. Sirpent, District – Patna. 30. Sujeet Kumar Son of Virendra Yadav, resident of village & P.O. Umagaon, P.S. Harlakhi, District – Patna. 31. Ravi Ranjan Son of Jagat Singh, resident of Kurkuri Phulwari Sharif, P.S. Phulwarisharif, District – Patna. 32. Juhi Rani daughter of Sri Ram Naresh Pandey, resident of Shivpur, Mahendru, P.S. Sultanganj, District – Patna. 33. Dilip Kumar Son of Siyaji Ray, resident of Kadamkuan, Park Road, Patna-3. 34. Sudarshan Kumar Son of Arun Singh, C/o Shyam Narayan Singhd, resident of P.O. & Vill – Alamapur, P.S. Gaurichak, District – Patna. 35. Noopur Kumari daughter of Shiv Shankar Poddar, resident of A-1 Kasturba Nagar, Southd of Bazar Samiti, Patna-800006. 36. Dhiraj Kumar Dubey Son of Sri Ravindra Nath Dubey, resident of Adalatganj, P.S. Kotwali, District – Patna. 37. Danish Khan Son of Hussain Khan, resident of Anwar Manzil, Moharrampur, P.S. Pirbahore, Bakerganj, District – Patna. 38. Aman Kumar Dubey Son of S.N. Dubey, resident of Shahugunj Lane, Mahendru, P.S. Sultanganj, District – Patna. 39. Anand Kumar Son of Sri Binod Prasad, resident of Quila Road, Chamdoria, Patna City, P.S. Chowk, District – Patna. 40. Md. Shawoor Alam Son of Sri Md. Mohiuddin, C.O. M.A. Wassaif Lodge, Azzimabad Colony, Mahendru, P.S. Sultanganj, District – Patna. 41. Rajesh Kumar Son of Sri Rama Prasad Singh, resident of P.O.+ Vill + P.S. Khaira, District – Chapra. 42. Amit Raj Son of Rabindra Prasad C/o Late Ayodhya Mahto, At Bishwa Sadar, Indira Nagar, Road No.1, P.S. Jakkanpur, District – Patna. 43. Dharmendra Kumar Son of Sri Pramod Yadav, resident of At & P.O. Bari Pahari, P.S. Agam Kuan, District – Patna. 44. Rishikesh Ranjan Son of Shambhu Sharan Singh, resident of East Chitragupta Nagar, Kankarbagh, Patna -20, P.S. Patrakar Nagar, District – Patna. 45. Amit Kumar Son of Anil Kumar, resident of At + P.O. Thari Bhawanipur, P.S. Pipra, Via-Pipra, District – Supaul. - 3 - …Intervenors-Respondents-Respondents. For the Appellant : - Sri Y.V. Giri, Senior Advocate. Sri Tej Bahadur Roy, Advocate. For the University : - Sri Ajay Kumar Sinha, Advocate. For the Chancellor : - Sri Shivendra Kishore, Advocate. For the State : - Sri Zaki Haidar, A.C. to G.A. 10. ----------- 4. 05.05.2009 Heard the parties. This appeal has been preferred by the appellant mainly on the ground that some observations, such as those in paragraphs 16 and 32 of the judgment under appeal tend to attribute fraud to several persons including the then Course Coordinator, the appellant. The grievance of the appellant is that although Course Coordinator was one of the respondents in the said writ but at the relevant time, as noticed in paragraph 3 of the judgment under appeal the appellant was already under suspension and had been served with charge sheet and he had no notice that his conduct was going to be scrutinized in the writ petition. In support of the aforesaid submission learned counsel for the appellant has relied upon statements made in paragraph 26 of the letters patent appeal to the effect that no information about pendency of the writ petition was given to the appellant by the University or its officials. It has further been highlighted that before the judgment under appeal dated 9.1.2009 the - 4 - appellant had already been removed from the post of Course Coordinator on 20.11.2008, as evident from Annexure-7 to the L.P.A. There can be no dispute with the legal proposition that no person can be condemned without being given opportunity of hearing. Keeping in view such provision of law we have examined and gone through the judgment under appeal. We find that on the basis of facts disclosed by the concerned University and its officials the writ court dismissed the writ petition and negative the claim of some of the students that they should be treated as validly admitted students in the BBA Course of Patna College. In that process some observations and findings appear to have been made by the writ court that apparently fraud appears to have been committed by some persons in allowing admission to the concerned course against law. However, no final opinion has been given in this matter by the writ court as is apparent from observation made by the court in paragraph 31 of the judgment in the following words:- “The University would be well advised to hand over the matter to the Cabinet (Vigilance) Department of the Bihar Government for investigation.” - 5 - In view of aforesaid observation made by the writ court we are of the view that the writ court has only expressed its wish that the entire matter should be thoroughly investigated by the Cabinet (Vigilance) Department and should not be left midway only after canceling the illegal admissions. The apprehension of the appellant is that even prima facie observations may have adverse effect in course of investigation which may be taken up by the Cabinet (Vigilance) Department or any other police agency. In the facts of the case and specially considering that the appellant was personally given no notice of the writ case, we clarify that if any investigation is undertaken by the Cabinet (Vigilance) Department or any other police agency in the matter at hand, such investigation shall be conducted fairly and impartially without being affected by the prima facie views and observations in the order and judgment under appeal. This appeal is disposed of. DKS/ (Shiva Kirti Singh, J.) (Dharnidhar Jha, J.)