IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4790 of 2003 1. Dr. Parsuram Tiwary, Son of Late Mod Narayan Tiwary, Resident of Village Rani Sarai, P.S. Bakhtiyarpur and District Patna. 2. Pramod Tiwary, Son of Late Girja Tiwary, Resident of Village Thika, P.S. Derani and District Saran. 3. Shubendra Nath Mishra, Son of Sri Suendra Nath Mishra, Resident of Village Srinia Jamalpur, P.S. Gogri and District Khagaria. 4. Lal Babu Tiwary, Son of late Ram Bilas Tiwary, Resident of Village Laxmipur, P.S. Sonevarsha and District Sitamarhi. 5. Arjun Prasad, Son of Jagdeo Gope, Resident of village Churaman Bigha, P.S. Bhaganbigha and District Nalanda. -------- Petitioners Versus 1. The State of Bihar. 2. Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga though Registrar. 3. Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga 4. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga. 5. Incharge Principal, Sri Ganesh Giribardhari Sanskrit College, Bakhtiyarpur and District Patna. 6. Secretary, Adhoc Committee, Sri Ganesh Giribardhari Sanskrit College, Bakhtiyarpur and District Patna. ----------- Respondents ----------- 7 28.07.2010 Heard learned counsel for the parties. Mr. Partha Sarthy, learned counsel for the petitioners at the outset would submit that he would not press this application on behalf of petitioner nos. 1, 2, 3 & 5. Accordingly, this application in respect of petitioner nos. 1, 2, 3 & 5 stands dismissed. The prayer of the petitioner no.4 in 2 this writ application relating to his grievance for payment of salary in an affiliated college receiving grand-in-aid from the State Government can only be considered by the University if the appointment of the petitioner was legal and valid. If the University has stopped the payment of salary ever since 2001, the petitioner no.4 definitely had a remedy by moving the Vice Chancellor in terms of Section 9(4) of the Bihar University Act. Realizing this position, Mr. Partha Sarthy would make a prayer to withdraw this application in order to move the Vice Chancellor. In case the petitioner no.4 files a representation/memorial before the Chancellor, the same is expected to be disposed of at an early date preferably within a period of six months from the date of filing of the representation along with a copy of this order. Subject to the aforementioned observations, this application is dismissed. Rsh (Mihir Kumar Jha, J.)