Patna High Court
Pradeep PrakashversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ petition is disposed of, granting the petitioners liberty to file a representation before the Registrar of B.N. Mandal University within one month, with the matter to be decided by the Registrar.
Summary
Two lecturers, Pradeep Prakash and Arvind Kumar Roy, filed a writ petition seeking mandamus to compel the principal of Anuplal Yadav College and the university to distribute Rs. 2,31,09,703.5 of internal source funds among college employees for 2017‑2020 and to investigate alleged siphoning of college funds. They also requested the court to direct the university to conduct an enquiry into the college’s income‑expenditure. The State of Bihar, the university, and the college principal were impleaded as respondents. The court, after hearing counsel, noted a typographical error in the petition and, with the parties’ consent, disposed of the writ at this stage, granting the petitioners liberty to file a representation before the Registrar of B.N. Mandal University within one month. The Registrar was directed to decide the representation within three months and, if relief is warranted, to implement it within a further three months. No substantive order on the merits of the mandamus claims was made.
Issues considered
- Whether the court can issue a writ of mandamus directing the college principal to distribute internal source funds as per earlier High Court orders.
- Whether the university can be compelled to conduct an enquiry into alleged misappropriation of college funds.
- Whether the petitioners may be permitted to file a representation before the Registrar and the court may prescribe procedural timelines for such representation.
Subjects
- Writ jurisdiction
- Mandamus
- University administration
- Internal source funds
- Public servant accountability
- Procedural liberty
- Representation before registrar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3778 of 2024
======================================================
1. Pradeep Prakash Son of Govind Prasad Mandal Resident of Ward No.10,
Near R.K.B.A. High School, Nipaniya Latauna, District-Supaul, Presently
Posted as Lecturer in the Subject of Geography Anuplal Yadav College,
Triveniganj, Supaul.
2. Arvind Kumar Roy Son of Shiv Narayan Yadav Resident of Ward No.10,
Nipaniya South of Anuplal Yadav College Latauna Uttar, District-Supaul,
Presently Posted as Lecturer in the Subject of Economics, Anuplal Yadav
College, Triveniganj, Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The Vice Chancellor, B.N.Mandal University, Madhepura.
4. The Registrar, B.N. Mandal University, Madhepura.
5. The Principal, Anuplal Yadav College, Triveniganj, Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indrajesh Kumar, Advocate
For the Respondent/s : Mr.Government Pleader (4)
Mr.Ajay Kumar, A.C. to G.P.-4.
For respondent No.5. : Bajarangi Lal, Advocate
For respondent No.3 & 4: Mr. Ashhar Mustfa, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 18-02-2026 Learned counsel for the petitioner submits that in
paragraph 2(i), due to typing error, respondent No.5 and 6 has been
typed in place of respondent No.4 and 5. Petitioner is permitted to
make necessary correction during the course of the day.
2. Heard learned counsel for the petitioner, learned
counsel for the respondent-University, learned counsel appearing
for respondent No.5, i.e., the Principal, Anuplal Yadav College,
Triveniganj, Supaul and learned counsel for the respondent-State.
Patna High Court CWJC No.3778 of 2024(3) dt.18-02-2026
2/4
3. With consent of the parties, the present writ
application is being disposed of at this stage itself.
4. The petitioner in paragraph No.1 of the writ
application has prayed for grant of following relief :-
“(1) (i) For Issuance of an appropriate writ
in the nature of Mandamus, Commanding and
directing the 4 5 Respondent no.5 and to distribute the
amount of Internal sources amounting Rs.
2,31,09,703.5 among the employees of the college
assessed for the period of 2017 to 2020 in view of
letter No. 14 वव० को०/legal/03/18-03 dated 02.01.2019
issued in cornpliance of order passed by the Hon'ble
High Court १/५ in CWJC No. 8019/2017 order dated
23.04.2018 and further a direction to assess the
amount of internal sources for the period 2021 to 2023
and in compliance of direction of State Govt. distribute
the same among the employees of the college.
(ii) For issuance of an appropriate writ in
the nature of Mandamus, Commanding and directing
the respondent University to conduct an enquiry of
income and expenditure of Anuplal Yadav College
because a huge amount of college fund i.e. of internal
sources is being syphoned by the Principal of the
college and in case of demand for lawful distribution
in the light of direction of the Hon'ble High Court
punitive action is being taken so that no one could
raise finger.
(iii) For issuance of any other appropriate
writ/writs, order/orders, direction/ directions for this
the writ petitioners shall be found entitled under the
fact and circumstances of the case.
5. After advancing some argument, learned counsel for
the petitioner submits that for the aforesaid relief claimed in the
present writ application, the petitioner is prepared to file detail
representation before the Registrar, B.N. Mandal University,
Patna High Court CWJC No.3778 of 2024(3) dt.18-02-2026
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Madhepura (respondent No.4). He accordingly prays that the
petitioner would be satisfied if an appropriate direction could be
issued by this Court to Registrar, B.N. Mandal University,
Madhepura (respondent No.4) to entertain his application and
dispose of the same after giving an opportunity of hearing to the
petitioner within a fixed time frame.
6. To the aforesaid submissions made by learned counsel
for the petitioner, learned counsel appearing on behalf of the
respondent-State do not have any objection.
7. Considering the limited nature of prayer being made
by learned counsel for the petitioner, this writ application stands
disposed of granting liberty to the petitioner to file representation
before the Registrar, B.N. Mandal University, Madhepura
(respondent No.4) within one month from the date of passing of
this order and if such representation is filed by the petitioner, the
same shall be disposed of by the Registrar, B.N. Mandal
University, Madhepura (respondent No.4) within a maximum
period of three months from the date of filing of the representation
after giving an opportunity of hearing to the petitioner as well as to
other parties.
8. While disposing of the representation by a reasoned
and speaking order, the Registrar, B.N. Mandal University,
Patna High Court CWJC No.3778 of 2024(3) dt.18-02-2026
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Madhepura (respondent No.4) is directed to take into consideration
order dated 23.04.2018 passed in C.W.J.C. No.8019 of 2017
(Annexure-4) and also the letter dated 02.01.2019 (Annexure-5)
which is said to have been issued in compliance of the order
passed by the Hon’ble High Court in C.W.J.C. No.8019 of 2017.
It is made clear that in case the petitioner is found entitled to the
releif which the petitioner would be claiming through
representation, the same should be extended to the petitioner
within a further period of three months from the date of passing of
the final order by the Registrar, B.N. Mandal University,
Madhepura (respondent No.4).
9. With the aforesaid observation/direction and liberty
granted, the present writ application stands disposed of.
10. All pending I.A.s, if any, is deemed to have been
disposed of.
(Alok Kumar Sinha, J)
sanjeev/-
U
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