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No governing body of affiliated college is dissolved or suspended unless and until a show-cause notice is issued: Patna High Court

Article 3(i) and 28 (1) of the Governing Body Statute specify that no governing body of an associated college may be dissolved or suspended unless and until a show-cause notice is issued and the members of the governing body are given an opportunity to be heard is upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR in the case of Dr. Somesh Shashi Vs. The Veer Kunwar Singh University (Civil Writ Jurisdiction Case No.20489 of 2021)

Brief facts of the case are that The petitioner prayed to declare and hold that the Syndicate’s resolution dated 01/09/21 is void in law, and to issue appropriate directions or orders to the respondents to ensure that no governing body of affiliated college is dissolved or suspended unless and until a show-cause notice is issued, and the members of the governing body are given an opportunity to be heard, as provided for in Article 3(i) and 28 (1) of the Governing Body Statute and the syndicate resolution, dated 01/09/2021, is added to the application. The petitioner has further requested the judge to issue appropriate direction or orders to the respondents to ensure that only certain legislators (M.P./M.L.A./M.L.C.) are nominated to the Governing Body or Ad hoc committee of affiliated colleges who reside primarily in the district concerned and as near as possible to the college’s location, as required by law under clause (vi) of sub-section (1) of section 60 of the Bihar State University Act, 1976. The petitioner has prayed the court to strike aside the University’s order Memo dated 03.11.2021, by which and under which the governing body of Beni Singh College, Hatta (Chenari) was improperly dissolved without a show-cause and without a hearing, thus violating the governing body statute and to issue directions to the respondent to ensure that all pending proposals for approval of donor members by syndicate are approved without discrimination or differential treatment and within a reasonable time frame, as well as to issue directions or orders to the respondent to ensure that the integrity and dignity of degree colleges are maintained, and that no unqualified person, not possessing at least 55 percent marks with good academic standing, is appointed.

The same petitioner has filed another case, titled Dr. Somesh Shashi Vs. The Vice Chancellor, Veer Kunwar Singh University, which is pending consideration, according to learned counsel for the respondents. In light of this, competent counsel for the petitioner requests permission to withdraw the current petition, retaining the right to pursue legal remedies and thus permission granted instant petition and Interlocutory Applications stands disposed of as withdrawn with the liberty aforesaid.

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Judgement reviewed by – Pooja Lakshmi

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