DHARMA NAND MISHRA Vs. CHANCELLOR OF UNIVERSITY

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the Chancellor of the Universities.

(2.) By the order under appeal dated 20.01.2006 a learned Single Judge of this court dismissed the writ petition preferred by the appellant bearing CWJC No. 10783 of 2004 by holding that donation of one lac rupees in cash or in the shape of property for the purpose of claiming nomination as a member of Senate of Magadh University under sub-section (13) of Section 18 of the Bihar Universities Act, 1976 (hereinafter referred to as 'the Act') would not be satisfied if donation is made to an affiliated college. On that basis the learned Single Judge refused to interfere with letter dated 10.01.2004 issued from the Governor Secretariat under Memo No. 30th June, 2004 (Annexure 1 to the writ petition) whereby the proposal of the Magadh University for declaring the writ petitioner as a donor member of Senate of the university was turned down on the ground that donation of requisite amount made by the petitioner to Nawada Law College was not sufficient because the said college was an affiliated college.

(3.) The provision of sub-section (13) of section 18 of the Act refers to donation to a college whereas under the definition clause i.e. section 2 of the Act 'affiliated college', 'college' and 'constituent college' have been separately defined. However, in stead of going into the task of interpreting sub-section (13) of section 18 in the light of the definition clause, we are constrained to set aside the order under appeal as well as impugned decision of the Chancellor contained in Annexure 1 to the writ petition in the light of strong assertion on behalf the writ petitioner/appellant that the Chancellor had approved similar proposal of the University when the donor concerned had donated requisite money to an affiliated college. As an instance reliance has been placed upon annexures 6 and 7. to show that two donors of R.P.S. College, Patna which is said to be an affiliated college of the Magadh University, were appointed by the Chancellor as donors life members of senate of the University by order dated 09.05.2002. In the letters patent appeal also in various paragraphs there is categorical statement of the aforesaid fact and it has been pleaded that large number of similar donors to affiliated colleges have been made life members of the senate on account of such donation.