IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15338 of 2005 SURYADEO SINGH, SON OF LATE BRAHMDEO SINGH, RESIDENT OF VILLAGE KAMA BIGHA, P.S. AURANGABAD (T), DISTRICT AURANGABAD. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE VICE-CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA, DISTRICT GAYA. 3. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA, DISTRICT GAYA. 4. THE FINANCE OFFICER, MAGADH UNIVERSITY, BODH GAYA, DISTRICT GAYA. 5. THE INSPECTOR OF COLLEGES, MAGADH UNIVERSITY, BODH GAYA, DISTRICT GAYA. 6. THE PRINCIPAL, RAM LAKHAN SINGH YADAV COLLEGE, AURANGABAD. ------------------------------------------------------------------------------------------------ RESPONDENTS ******* 4 23.3.2011 This writ application has been filed for implementation of Anneuxre-8 which is an order passed by the Registrar of the Magadh University holding that the appointment of Suryadeo Singh, Son of Sri Brahmdeo Singh was approved by the Vice-chancellor of the University. The petitioner had filed CWJC No. 3663 of 1996 which was disposed of on 29.7.1997 with a direction that the University should decide the claim of the petitioner for payment of salary of the post of Laboratory Boy in Ram Lakhan Singh Yadav College, Aurangabad. Accordingly, Annexure- 8, the impugned order was issued. An intervention application has been 2 filed on behalf of Suryadeo Singh, Son of Chhathan Yadav who claims that he is the genuine appointee of the post of Laboratory Boy. In order to substantiate his case, he has produced Annexure-D to the intervention application which apparently is an enquiry by the Principal of the College Dr. Vaidyanath Singh held on 28.2.2006. This enquiry was held by the college authorities in purported compliance of the Agrawal Commission Report. The necessity of holding such an enquiry behind the back of the petitioner does not appeal to this Court. The college in my opinion could not have sat over the order of the Court specially as Annexure-8 indicates that copy of the order dated 29.1.1998, passed by the Registrar of the Magadh University was sent to the Incharge Principal of Ram Lakhan Singh Yadav College, Aurangabad as well as the petitioner and the intervenor. The University is thus, directed to make an enquiry as to how this Annexure-D to the intervention application came into existence. As far as this Court is concerned, for the present the order of the 3 Registrar will supersede any other order as it was passed in compliance of the order of the High Court. The University will take appropriate steps in this matter by passing an order after calling explanation from the Incharge Principal who is the Chairman of Ram Lakhan Singh Yadav College and will verify the circumstances under which the order was issued as the order for enquiry was held behind the back of the petitioner. The University should also ensure compliance of its own order contained in Annexure-8. This writ application is disposed of with the aforesaid observation and direction. Sanjay ( Sheema Ali Khan, J.)