LAWS(PAT)-2005-2-5

INDRAJEET KUMAR SINGH Vs. STATE OF BIHAR

Decided On February 14, 2005
Indrajeet Kumar Singh Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for the State, learned counsel for C.C.I.M. learned counsel for the University and learned counsel representing the Governing Body of Ayurved Medical College, Gaya.

(2.) PETITIONER is employee of Ayurved Medical College, Gaya which was established in the year 1972 and affiliated to Kameshwar Singh Sanskrit University, Darbhanga since 1974. Since 1981 it is running in its own building at Ghugharitar, Gaya.

(3.) THE matter has been heard in detail on several dates at the stage of admission itself. Considering the undisputed fact that the College is in existence since long, it is affiliated to the University in question in accordance with law and till the Sessions 1997 -98 it has imparted teaching to different batches of B.A.M.S. students, this court found the institution to be a genuine institution which should not be permitted to die because of extraneous reasons. This court also found that the Governing Body of the College was being constituted by the State of Bihar from time to time and its President and Secretary used to be the Commissioner and Deputy Development Commissioner, Gaya respectively. As the letter of the President (Commissioner) Gaya Division contained in annexure -24 discloses, the College has sufficient land and building in urban area of Gaya town. In view of such findings this court fails to understand the reason as to why the employees were not being paid their salary in due time. Initially an impression was created that since the President and the Secretary were high officials such as Commissioner and the Deputy Development Commissioner they have no time and were not looking after the interest of the College properly. Under this impression this court asked the State Government either to bear the expenses of running the College or to constitute a proper governing body of teachers and other responsible citizens who may manage the college effectively and take interest in its affairs.