DR. NILAKANT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed seeking quashing of memo no. 1264/2017 dated 31.10.2017, issued by the Bhupendra Narayan Mandal University, Lalunagar, Madhepura (hereinafter referred to as 'the University), under the signature of its Registrar addressed to the Professor-Incharge, Raghunandan Prasad Mandal Degree College, Tuniyahi, Madhepura (hereinafter referred to as 'the college'), informing him that selection/election of 'donor member' and teachers' representative member of the Governing Body of the said college, which is affiliated to the University, is not acceptable to the University for failure on the part of the college to abide by the conditions contained in Memo No. GS (IC-117/13)-876/13, dated 26.02.2013.

(2.) The petitioner claims that he was elected teachers' representative member on the basis of an election held in the college on 14.10.2017. There is no dispute that the University has put a condition that election to these posts must be held in the presence of an observer to be sent by the University. Mainly on the ground that the said election was not held in the presence of the observer, the University is not recognizing election of the petitioner as teachers' representative member of the Governing Body of the affiliated college.

(3.) Learned counsel appearing on behalf of the petitioner, has very vehemently argued that the Bihar State Universities Act does not contemplate nomination of any Observer by the University in whose presence only such election can be held. He contends that absence of the Observer nominated by the University cannot be a legally valid ground for the University to refuse to recognize the petitioner as an elected teachers' representative of the college. The petitioner, accordingly, seeks quashing of the said memo dated 31.10.2017 to the extent it relates to the election of the petitioner as teachers' representative.