ASHOK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Rajendra Prasad Singh, learned senior counsel, who was assisted by Sri Rajeev Kumar, learned counsel for the petitioner, learned A.C. to Govt. Pleader-3, who appears on behalf of respondent Nos. 1 to 3 & 8 as well as Sri Hemendra Prasad Singh, learned senior counsel, appearing on behalf of respondent Nos. 4 to 7/B.N. Mandal University, Madhepura (hereinafter referred to as "University"). Though, the present writ petition was listed under the heading "For Orders on Petition", which was filed for granting interim stay, with the consent of the parties, the whole writ petition alongwith interlocutory application was taken up for its final decision. In the interlocutory application, a prayer has been made for directing the respondents to stay further proceeding with regard of constitution of Governing Body of R.P.M. Degree College, Madhepura (hereinafter referred to as "College") under the University till disposal of the writ petition.

(2.) The main writ petition has been filed for directing the respondents to hold election of donor member of the College and thereafter, Co-option of Educationist Member and further for grant of stay of the Governing Body. The petitioner has claimed that he had donated fifty thousand rupees to become donor member of the College. Thereafter, the matter was enquired and finally, vide Annexure "3" to the writ petition i.e. Memo No. 1991/13 dated 13.9.2013, under the order of Vice-Chancellor of the University, the petitioner was declared as donor member. Even though, the petitioner was declared donor member vide Annexure "3", the Principal of the College i.e. respondent No. 9 invited one Dr. (Major) Upendra Narayan Mandal to participate in the meeting of the Governing Body in the capacity of the donor member of the College. Thereafter, immediately the petitioner filed representation before the Vice-Chancellor for staying the meeting on the ground that though the petitioner was declared donor member, he was not invited to participate in the meeting and finally, the petitioner approached this Court with a prayer to direct the respondents to hold election of the donor member of the College in question.

(3.) Sri Rajendra Prasad Singh, learned senior counsel for the petitioner, at the very outset, submits that the Vice-Chancellor of the University, exercising power of the Syndicate, had already declared the petitioner as donor member and once, the petitioner was declared as donor member, it was first required by the authority concerned to hold an election for donor members and without holding such election, it was not proper to convene any meeting and contrary to the provision, vide Annexure "5'' to the writ petition, the Principal of the College invited one donor member i.e. Dr. (Major) Upendra Narayan Mandal to participate in the meeting. He submits that as per Section 60 of the Bihar State Universities Act, 1976 (hereinafter referred to as the "Act") as well as Statute 32, the petitioner is required to be treated as donor member and he was also entitled to participate in the meeting.