Patna High Court
Ghanshyam MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The court held that the petitioners' claim must be examined by the University Registrar and ordered the deletion of the deceased respondents from the suit.
Summary
The petitioners, claiming to be donor members of Jawaharlal Nehru Memorial College, challenged the appointment of respondent No.9 as Secretary and donor member of the college's Governing Body and the arbitrary inclusion of respondents No.11‑16 as donor members. They also sought deletion of deceased respondents No.9 and No.14 from the suit. The court allowed the interlocutory application to delete the deceased parties and directed the University Registrar to examine the petitioners' grievance and the legality of the Governing Body's composition. It noted that the petition was filed after a considerable delay but held that a fresh cause of action arose due to the expiration of the previous Governing Body term. The court set a timeline for the petitioners to file a fresh representation with the Registrar and ordered the writ petition to be disposed.
Issues considered
- The validity of the appointment of respondent No.9 as Secretary and donor member of the college Governing Body.
- The legality of declaring respondents No.11‑16 as donor members without considering the petitioners' claim.
- Whether the court can direct the University Registrar to adjudicate the petitioners' grievance.
- The appropriateness of deleting deceased respondents from the proceedings.
Subjects
- donor member
- governing body
- college administration
- university registrar
- writ petition
- deletion of parties
- educational institution law
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6947 of 2022
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1. Ghanshyam Mahto Son of Bhikhari Mahto, resident of Ward No. 9,
Mohanpur, Bariarpur, P.S. Sitamarhi, District- Sitamarhi.
2. Pashupati Narain Lal Karna, Son of Abhinandan Lal, resident of Village -
Sahasraam, Sundarpur Tola, Ward No.6, P.O. Barahi, P.S. Parihar, District -
Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. The Principal Secretary, Department of Education, Government of Bihar,
Patna.
3. The Additional Secretary, Department of Education, Government of Bihar,
Patna.
4. The Director, Higher Education, Government of Bihar, Patna.
5. B.R.A. Bihar University, Muzaffarpur, Through the Registrar.
6. The Vice Chancellor, B.R.A. Bihar University, Muzaffarpur.
7. The Registrar, B.R.A. Bihar University, Muzaffarpur.
8. The Finance Officer, B.R.A. Bihar University, Muzaffarpur.
9. Sri Awanindra Kumar Mishra, Son of Yogendra Mishra, Presently the
Secretary of Jawahar Lal Nehru Memorial College, Nawahi, Sursand,
District - Sitamarhi.
10. Sri Bimlesh Jha Presently the Principal of Jawahar Lal Nehru Memorial
College, Nawahi, Sursand, District- Sitamarhi.
11. Navin Kumar, S/o Awanindar Kumar, Village and P.O. Hauman Nagar, P.S.
Sursand, District- Sitamarhi.
12. Anju Mishra, D/o Awanindra Kumar, Village Bangaon, P.O. and P.S.
Baajpatti, District- Sitamarhi.
13. Sanjeev Mishra, S/o Arun Mishra, Village and P.O. Hanuman Nagar, P.S.
Sursand, District- Sitamarhi.
14. Jitendra Jha, S/o Late Kameshwar Jha, Village and P.O.- Shrikhandi Bhitta,
P.S. Sursand, District- Sitamarhi.
15. Ashok Jha, S/o Surendra Nath Jha, Village and P.O. Koriyahi, P.S. Sursand,
District- Sitamarhi.
16. Vinay Kumar Jha, S/o Tej Narayan Jha, Village Adkhani, P.O. Sutihara,
District- Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nagendra Rai, Adv.
Mr. Navin Nikunj, Adv.
Patna High Court CWJC No.6947 of 2022 dt.29-01-2026
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Mr. Koshalendra Rai, Adv.
For the Respondent/s : Mrs. Smt. Shilpa Singh, GA-12
Mr. Ram Vinay Prasad Singh, AC to GA-12
For the Resp. No. 5 to 8 : Mr. S.S. Sundaram, Adv.
Mr. Pratik Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 29-01-2026
Heard the parties.
2. At the outset, learned Advocate for the petitioner
submits at the Bar that during the pendency of the present writ
petition the respondent no. 9, Awanindra Kumar Mishra, died on
12.01.2024 . His heirs are already on record as respondent nos.
11 and 12. Further, the petitioner also came to know that
respondent no. 14 has already died prior to the filing of the writ
petition on 24.08.2019, however, in absence of proper
communication, the respondent no. 14 has been made party
respondent due to inadvertence. In the aforesaid premise, for
deletion of the name of respondent nos. 9 and 14, an
interlocutory application bearing I.A. No. 1 of 2025 is filed.
3. In view of the submissions advanced by learned
Advocate for the petitioner Interlocutory Application No. 1 of
2025 stands allowed. The office is directed to delete the name of
respondent nos. 9 and 14.
4. The petitioners before this Court are claiming to be
the Donor members of Jawaharlal Nehru Memorial College,
Nawahi, Sursand, which was established in the year 1982. It is
Patna High Court CWJC No.6947 of 2022 dt.29-01-2026
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submitted that the Governing Body in its proceeding held in
2013 elected respondent no. 9 as Secretary of the Managing
Committee of the College and further vide letter no. B/1590
dated 07.09.2013 issued by the respondent no. 7, (the Registrar,
Bhim Rao Ambedkar Bihar University) the respondent no. 9 was
declared as Donor member of the Governing Body of the
College. The challenge in the present writ petition is made to the
extent whereby the respondent no. 9 was made Secretary of the
Managing Committee and further declared as donor member of
the Governing Body of the College.
5. It is further contended that the Governing Body has
also declared the respondent no. 11 to 16 as Donor member of
the Governing Body of the College in question in a most
arbitrary manner without considering the claim of the
petitioners, which also requires to be set aside. It is next
contended that for redressal of the grievance, the petitioners
have also approached before the (Bihar Anudanit Shikshan
Sansthan Pradhikar) Bihar Aided Educational Institute Authority
by filing an application bearing no. 149 of 2019. The afore-
noted authority vide its order dated 05.03.2020 has been pleased
to direct the Appellants, Petitioners herein to raise the grievance
before the Registrar of the respondent University while
Patna High Court CWJC No.6947 of 2022 dt.29-01-2026
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forming/constituting the Governing Body of the College in
question.
6. Learned Advocate for the University submits that
the order had already been passed by the authority long back in
the year 2020 and the petitioners have approached this Court
belatedly after five years. Moreover in pursuant to the order
passed by the afore-noted authority, the petitioners have also
approached the Registrar of the concerned University, however,
yet no decision has been taken with regard to their claim of the
donor of the Governing Body of the College in question. It is
also submitted that since the period of the Governing Body is
only for three years and that period has already been expired, a
fresh cause of action has arisen in favour of the petitioner.
7. From the pleading it is evident that now respondent
no. 9 is no more alive, who was holding the post of Secretary
and Donor of the Governing Body of the College in question,
hence a fresh nomination of Donor or Secretary is required to be
done. Thus, it is for the authorities of the University who shall
look into the claim of the petitioners while nominating or
electing the Secretary/Donor of the concerned Governing Body
of the College.
8. In view of the aforesaid facts and having considered
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the submissions advanced by learned Advocate for the
respective parties as also taking note of the order passed by the
Bihar Aided Educational Institute Authority, this Court deems it
fit and proper to direct the Registrar of the University to look
into the grievance of the petitioners as also the legality of the
constitution of the Governing Body and take appropriate
decision.
9. In case the petitioners approach before the Registrar
of the University preferably within a period of four weeks’ from
today by filing a fresh representation, the same shall be
considered and disposed off within a further period of eight
weeks’.
10. The writ petition stands disposed off.
(Harish Kumar, J)
supratim/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.02.2026
Transmission Date NA
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