IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17855 of 2022

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Mithilesh Choubey son of Late Parshuram Choubey Resident of Village-

Mahabalipur, P.S.- Paliganj, District- Patna, Pin- 801110

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Higher

Education, Government of Bihar, Patna.

2.

The Kameshwar Singh Darbhanga Sanskrit University through its Registrar,

Kameshwar Nagar, Darbhanga.

3.

The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University,

Kameshwar Nagar, Darbhanga.

4.

The Registrar, Kameshwar Singh Darbhanga Sanskrit University,

Kameshwar Nagar, Darbhanga.

5.

The Finance Officer, The Kameshwar Singh Darbhanga Sanskrit University,

Kameshwar Nagar, Darbhanga.

6.

The Governing Body, Mukhlal Sanskrit Up-Shastri College, Bandhu,

Chhapra District Bhojpur (Ara).

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Ms.Sushmita Kumari, Advocate

Mr.Ashok Kumar Choudhary, Advocate

For the Respondent/s

:

Mr.Rajeev Ranjan, AC to GP 20

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL JUDGMENT

Date : 12-05-2023

Heard Ms. Sushmita Kumari, learned counsel appearing

on behalf of the petitioner and Mr. Rajeev Ranjan, learned AC to

GP 20 appearing on behalf of the respondents.

2. Learned counsel appearing on behalf of the petitioner

informs this Court that the petitioner has already represented

before the Registrar of the University and the only delay in making

payment is being caused by the Registrar of the University.

Patna High Court CWJC No.17855 of 2022 dt.12-05-2023

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3. Learned counsel further informs this Court that in the

case of Dr. Jitendra Narayan Singh Vs. The Hon’ble

Chancellor of Universities of Bihar (bearing CWJC No.9726 of

2017), the Hon’ble Division Bench of this Court has passed inter

alia following orders/directions : -

“We find force in the submissions of learned

counsel for the petitioners. On the face of it the

resolution dated 18.10.1976 (Annexure-1 to the writ

application) does not prescribe minimum number of

students in each year of Shastri course as 60 which is

now the contention of the State. Fallacy in the argument

of the State writ large when we find that the minimum

number of students prescribed in the resolution is 60 as

a whole and not part-wise. This fact has been taken note

of by the learned writ Court in its judgment as contained

in Annexure-2 to the writ application. In the said case

the Hon’ble Writ Court specifically considered and held

that the resolution no.2261 dated 18.10.1976 minimum

number of students at Shastri level i.e. graduate level

was mentioned as 60. The Court proceeded to consider

whether relevant part of the said resolution no.2261

dated 18.10.1976 stand repealed and what will be the

consequence of such repeal, but after going through the

arguments advanced on behalf of the parties the learned

Writ Court held in paragraph 11 of the judgment as

under:-

“From conjoint reading of the

abovementioned condition relating to the

minimum number of students

in different

categories of schools/college I have no manner of

doubt that the number refers to the students on

rolls of the schools/college, as the case may be, in

the particular class, and not the number of

students actually appearing at the examination.

There is no ambiguity in the aforesaid resolution

of the government that the basis of student

strength is the number of students on rolls of the

schools/college, I fail to understand as to how any

stand which is not in conformity with the

Patna High Court CWJC No.17855 of 2022 dt.12-05-2023

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resolution, can be taken or made basis of the

impugned decision.”

4. Learned counsel appearing on behalf of the University

informs this Court that