PHYSICAL EDUCATION, TRUST-CUM-CHAIRMAN, TIRHUT COLLEGE OF PHYSICAL EDUCATION SOCIETY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The question of law raised by the petitioners and the objection raised about their status or bona fide is not tested by this Court keeping in mind the limited order which is going to be passed assuming that the present petitioners have some role to play in the running of the establishment of the institute in question. Their submission is that in absence of any affiliation by the State Government accorded to the institute, a governing body or ad hoc body cannot be constituted by the State. The power for the State or the University as the case may be flows from Section 60 of the Bihar State Universities Act, 1976 .

(2.) The scope of the provision i.e. Section 60 was interpreted in the case of The G.B. of Baba Bhut Nath College, Bagaha W. Champaran through its Secretary Daya Nand Dwivedi & Ors. V/s. Bihar University, Muzaffarpur and Others, 1992 2 PLJR 835. The scope of Section 60 has been discussed and decided in paras 14 and 15 of the said decision, which are quoted below:

(3.) From a reading of Section 60 coupled with the said Division Bench decision the submission made at the bar by the learned Senior Counsel that the respondents had no authority to constitute an ad hoc Committee in terms of Annexure-2 dated 7.6.2003, seems to be correct in the undisputed position that there is no affiliation of this institute from the State or any concerned University of the State.