Patna High Court
Hari Ballabh Mishra @ Hari Vallabh MishraversusThe Chancellor of the Universities Bihar,
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The order dissolving the college’s governing body was void because it was issued without the statutory show‑cause notice and therefore violated Clause 28 of Statute 32 of the university statutes.
Summary
The petitioners, led by a teachers’ representative of Dr. P.N. Singh Degree College, challenged a letter dated 27 June 2023 issued by the Vice‑Chancellor of Jai Prakash University that dissolved the college’s regular governing body and revived an earlier ad‑hoc committee. The petitioners argued that the dissolution was effected without the statutory show‑cause notice required under Clause 28 of Statute 32 of the university’s statutes and therefore violated the Bihar State Universities Act, 1976. The Court examined the statutory provisions, noting that only the Syndicate, after giving a reasonable opportunity to be heard, may suspend or dissolve a governing body. It found that the Vice‑Chancellor acted solely on a directive from the Governor’s Secretariat and did not follow the mandated procedure, rendering the order void. Consequently, the Court set aside the impugned order and directed the Vice‑Chancellor to re‑constitute the governing body in compliance with law within eight weeks. The writ petition was allowed and the matter remanded for fresh action.
Issues considered
- Whether the Vice‑Chancellor could dissolve the regular governing body of the college without complying with the procedural requirements of Clause 28 of Statute 32 of the university statutes.
- Whether the lack of a show‑cause notice to the governing body renders the dissolution order ultra vires the Bihar State Universities Act, 1976.
- Whether the inter‑se dispute among members of the governing body can be adjudicated by the court or must be left to the university’s Syndicate.
Legislation cited
Subjects
- governing body
- university statutes
- show‑cause notice
- dissolution
- Bihar State Universities Act
- higher education
- writ petition
- court intervention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9583 of 2023
======================================================
Hari Ballabh Mishra @ Hari Vallabh Mishra, son of Bansh Lochan Mishra,
resident of Village and Post-Basdila, Police Station-Jalalpur, District-Saran
(Chapra) Lecturer-cum-Teacher’s Representative, Governing Body, Dr. P.N.
Singh Degree College, Chapra.
... ... Petitioner/s
Versus
1. The Chancellor of the Universities Bihar, Patna.
2. The State of Bihar through the Additional Chief Secretary, Education
Department (Higher Education), Patna.
3. The Additional Chief Secretary, Education Department (Higher Education),
Government of Bihar, Patna.
4. The Jai Prakash University through its Registrar, Chapra.
5. The Vice Chancellor, Jai Prakash University, Chapra.
6. The Registrar, Jai Prakash University, Chapra.
7. The Secretary, Ad-hoc Committee, Dr. P.N. Singh Degree College, Chapra
(Revived under order impugned).
8. Dr. Nageshwar Prasad Singh, son of Late Damodar Singh, Resident of Vir
Kuer Singh Colony, Kashi Bazar, Police Station-Bhagwan Bazar, Chapra,
Incharge Principal of Dr. P.N. Singh Degree College, Chapra.
9. The Uttar Bihar Gramin Bank through its Chairman, Kalambagh Chauk,
Muzaffarpur.
10. The Branch Manager, Uttar Bihar Gramin Bank, Brahmpur Branch, Chapra.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 12189 of 2023
======================================================
1. The Ad hoc Committee of Dr. P.N. Singh Degree College through its
Secretary, namely Mr. Janardan Singh Sigriwal, aged about 64 years,
Gender-Male, S/o Nageshwar Singh, R/o Village-Mishrawaliya Tola,
Jalalpur, P.s. Jalalpur, District-Saran-841412.
2. Vinod Kumar Singh, S/o Late Ram Ashish Singh, R/o-D-48, Ajanta Colony,
Keshri Nagar, P.S.-Patliputra, Town and District-Patna, presently working as
In-charge Principal, Dr. P.N. Singh Degree College, Chapra, District-Saran.
... ... Petitioner/s
Versus
1. The J.P. University Chapra, through its Registrar.
2. The Vice Chancellor, J.P. University, Chapra, Dist.-Saran.
3. The Registrar, J.P. University, Chapra, District-Saran.
Patna High Court CWJC No.9583 of 2023 dt.19-01-2026
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4. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
5. The Chancellor of Universities, Raj Bhawan, Patna, through the Principal
Secretary.
6. Dr. Nageshwar Prasad Singh, S/o Late Damodar Singh, Resident of Vir
Kunwar Singh Colony, Kashi Bazar, P.S. Bhawan Bazar, Chapra, District-
Saran.
7. Hari Ballabh Mishra @ Hari Vallabh Mishra, S/o Bansh Lochan Mishra, R/o
Village and Post Basdila, P.S.-Jalapur, District-Saran (Chapra).
8. Rukmini Devi, W/o Late Dr. Prabhu Nath Singh, Doner Member of the
Governing Body of Dr. P.N. Singh Degree College, Chapra, District-Saran,
R/o Kunwar Singh Colony, P.S. Bhagwan Bazar, Chapra, District-Saran.
9. Mr. Dinesh Kumar Singh, S/o Late Baliram Singh, R/o Village and Post
-Leguar, P.S. Daudpur, District-Saran, Co-opted Educationist Member of the
G.B. of Dr. P.N. Singh Degree College, Chapra, Dist-Saran.
10. The Branch Manager, Uttar Bihar Gramin Bank, Brahmpur Branch
Brahmpur, Chapra, PS-Bhagwan Bazar, District-Saran.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 12736 of 2023
======================================================
Khairuddin Ahmad S/o Late Md. Aziz, Hafiz Path, Bhagwan Bazar, P.S.-
Bhagwan Bazar, Chapra, District-Saran.
... ... Petitioner/s
Versus
1. The J.P. University Chapra through its Registrar.
2. The Vice Chancellor, J.P. University, Chapra, Dist.-Saran.
3. The Registrar, J.P. University, Chapra, Dist.-Saran.
4. Rukmini Devi, W/o Late Dr. Prabhu Nath Singh, Doner Member of the G.B.
of Dr. P.N. Singh Degree College, Chapra, R/o Kunwar Singh Colony, P.s.-
Bhagwan Bazar, Chapra, District-Saran.
5. Dr. Nageshwar Prasad Singh, S/o Late Damodar Singh, Resident of Vir
Kunwar Singh Colony, Kashi Bazar, P.S.-Bhagwan Bazar, Chapra, District-
Saran.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 9583 of 2023)
For the Petitioner/s : Mr. Gyan Prakash, Adv.
For the Respondent/s : Mr. Madan Jeet Kumar, GP-20
For the University : Mr. Bindhyachal Rai, Adv.
Mr. Chandan Kumar, Adv.
For the Resp No.7 : Mr. Purushottam Kumar Jha, Adv.
Mr. Manoj Kumar Singh, Adv.
Patna High Court CWJC No.9583 of 2023 dt.19-01-2026
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For the Bank : Mr. Prabhakar Jha, Adv.
For the Resp No.8 : Mr. Sanjay Kumar Ghosarvey, Adv.
(In Civil Writ Jurisdiction Case No. 12189 of 2023)
For the Petitioner/s : Mr. Purushottam Kumar Jha, Adv.
For the Bank : Mr. Prabhakar Jha, Adv.
For the Respondent/s : Smt. Binita Singh, SC-28
Mr. Ujjawal Bhushan, AC to SC-28
For the University : Mr. Bindhyachal Rai, Adv.
Mr. Manoj Kumar Singh, Adv.
For the Resp Nos.7 & 8 : Mr. Gyan Prakash, Adv.
For the Resp No.6 : Mr. Sanjay Kumar Ghosarvey, Adv.
(In Civil Writ Jurisdiction Case No. 12736 of 2023)
For the Petitioner/s : Mr. Purushottam Kumar Jha, Adv.
Mr. Avanindra Kumar Jha, Adv.
For the Respondent/s : Mr. Bindhyachal Rai, Adv.
Mr. Manoj Kumar Singh, Adv.
Mr. Prabhat Kumar, Adv.
Ms. Sweta Suman, Adv.
For the Resp No.4 : Mr. Gyan Prakash, Adv.
For the Resp No.5: : Mr. Sanjay Kumar Ghosarvey, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 19-01-2026
Heard learned Advocate for the respective parties.
2. In all the afore-noted three writ petitions, there are
claims and counter-claims pertaining to validity of the
constitution of the governing body/ad hoc governing body as
also the nomination of its members, on account of having no
eligibility and/or being not competent to hold the respective
posts. Their nominations are also said to be done unauthorisedly,
contrary to the prescriptions of the Statutes and the letters
issued by the University from time to time.
3. Before proceeding further, it would be pertinent to
take note of the fact that earlier all the writ petitions were heard
together and came to be disposed off vide order dated
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16.05.2024, directing the Vice Chancellor of the University to
constitute a fresh governing body in accordance with law.
4. The order aforesaid was put to challenge by
respondent no. 8, Rukmini Devi, wife of Late Dr. Prabhu Nath
Singh (in C.W.J.C. No.12189 of 2023), who claims herself to be
doner member of the governing body of the college in question
by filing Letters Patent Appeal No. 624 of 2024. Dr. Nageshwar
Prasad Singh, who is also respondent no.8 in CWJC No. 9583 of
2023, has preferred Letters Patent Appeal No. 626 of 2024 in
CWJC No. 9583 of 2023 and further Letters Patent Appeal No.
629 of 2024 in CWJC No. 12189 of 2023.
5. The learned Division Bench, having heard the
learned Advocate for the respective parties, please to set aside
the order dated 16.05.2024 and remanded the matter to the
learned Single Judge while restoring CWJC No. 9583 of 2023.
6. In view of the order passed by the learned Division
Bench of this Court, CWJC No.9583 of 2023 stood restored
along with other two writ petitions.
7. Having gone through the relief(s) sought for in all
the writ petitions and after perusal of the materials, this Court
finds that there is inter se dispute between the members of the
governing body/ad hoc governing body, which are to be looked
Patna High Court CWJC No.9583 of 2023 dt.19-01-2026
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into by the Syndicate and the Vice Chancellor of the University.
Hence, there is no necessity to adjudicate such issues, especially
raised in CWJC Nos. 12189 of 2023 and 12736 of 2023.
8. Now coming to CWJC No.9583 of 2023, the
petitioner, who is claiming himself as teachers’ representative of
the governing body, has preferred the writ petition for the
following reliefs:-
“I. For quashing Letter No.1749(R) dated
27.06.2023 issued by the Registrar of the Jai
Prakash University, Chapra (Annexure-6) in
compliance of the letter No.J.P.U.-01/2022-892
GS(1), dated 12.06.2022 of the Governor’s
Secretariate, Bihar, Patna by which strangely he
was quashed letter No.1416(R) dated 05.04.2023
issued by the then Registrar by the order of the
present Vice Chancellor, Jai Prakash University
(Annexure2) nominating four members for
constitution of the regular Governing Body of Dr.
P.N. Singh Degree College, Chapra and further
dissolved the duly constituted regular Governing
Body by the then Registrar by the order of the
Vice Chancellor of the Jai Prakash University
vide Memo No. 1538(R) dated 11.05.2023
(Annexure-5) after exhausting all the require
procedure in this regard and revived the non existing
Ad-hoc Committee constituted vide Memo No.
4958(R) dated 25.09.2021 (Annexure-1).
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II. For holding that the order impugned has
been issued in gross violation of Clause 28 of the
Statute 32 of Service Statutes of the University
without having any reasonable opportunity to the
duly constituted Governing Body.
III. For holding that the order impugned is
legally unsound having without jurisdiction as
within the provision of Clause-28 of the Statute
32 of Service Statutes of the University the power
to dissolve or suspend the Governing Body of any
admitted college is specifically vested in
syndicate and it would apply only in given
circumstances therein after having given
reasonable opportunity to the Governing Body.
IV. For any other relief(s) for which the
petitioner may be found entitled to in the actual
matrix and legal aspects of this case.”
9. Learned Advocate for the petitioner, while pressing
the writ petition, submitted that after completion of tenure of the
then governing body of the college, the Vice Chancellor of the
University dissolved the same and constituted an Adhoc
Committee in the college vide memo no.4958(R) dated
25.09.2021. The said Ad-hoc Committee continued to manage
the affairs of the college for a long period whereafter the Vice
Chancellor of the University has constituted a governing body
of the college vide memo no. 1416(R) dated 05.04.2023. In the
Patna High Court CWJC No.9583 of 2023 dt.19-01-2026
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notification dated 05.4.2023, the Principal of the college was
directed to get election of the teachers’ representative and doner
member and send their names for constitution of the regular
governing body. Accordingly, the name of the petitioner as
teachers’ representative and one doner member, namely
Rukmini Devi, have been sent which were duly approved by the
Vice Chancellor and in this regard Letter No. 1486(R) dated
28.04.2023 has been issued by the Registrar of the University.
Further, the University vide Letter No. 1521(R) dated
06.05.2023, directed the In-charge Principal to elect the
President and Secretary so that a regular governing body may be
constituted and finally, after following all the formalities, the
Vice Chancellor has constituted a regular governing body of the
college vide Memo No.1538(R) dated 11.5.2023.
10. The duly constituted governing body held its
meeting on 15.05.2023, but all of a sudden, the Vice Chancellor
of the University came out with a communication vide Letter
No.1749(R) dated 27.6.2023, whereby the Secretary/Professor
In-charge of the college has been informed that, in compliance
of Letter No. J.P.U.-01/2022-892 GS (I), dated 12.06.2022,
issued by the Governor Secretariat, earlier Letter No.1416(R)
dated 05.04.2023 is quashed and the Managing Committee
Patna High Court CWJC No.9583 of 2023 dt.19-01-2026
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formed is dissolved. The said Letter No. 1749(R) dated
27.06.2023 further states that the Managing Committee before
issuance of Letter No.1416 (R) dated 05.04.2023 is revived.
11. Narrating the aforesaid facts, the learned Advocate
for the petitioner has submitted that by virtue of Annexure-6, the
ad-hoc committee, which was constituted vide Memo No. 4598
(R) dated 25.9.2021, has been revived, which has an effect of
dissolving the present governing body. Assailing the impugned
order of dissolution of the governing body, it is vehemently
submitted that in the matter relating to dissolution of governing
body a procedure has been laid down under the Statute of the
University. In terms with proviso to sub-clause (2) of Clause 28
of the Statute 32, before dissolution of the governing body or
passing any other order, the Syndicate is obliged to give a
reasonable opportunity to the governing body to show cause
against such action. However, it is the admitted position that no
show-cause has been issued and only on a mere direction issued
from the office of the Chancellor, the Vice Chancellor has
restored the earlier position which was existing prior to
formation of the governing body.
12. This Court, while hearing the matter, vide order
dated 13.07.2023, considering the submissions of the learned
Patna High Court CWJC No.9583 of 2023 dt.19-01-2026
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Advocate for the parties, had directed the learned counsel for
the Chancellor and the University to ensure the filing of their
respective counter affidavits. Further, on being found that the
impugned order as contained in Annexure-6 has been issued by
the Vice Chancellor of the University on a mere communication
from the Governor Secretariat without following the established
procedure of law, stayed the operation of the order as contained
in Letter No. 1749 (R) dated 27.6.2023.
13. In compliance with the order of this Court, a
counter affidavit has been filed on behalf of the office of the
Chancellor, Universities of Bihar.
14. This Court has been apprised that with respect to
on going dispute in the college in question, certain
representations were received in the Governor Secretariat
highlighting irregularities with respect to constitution of the
governing body. Thus, the Hon’ble Chancellor with a view to
stem the growing discontentment, took a considered decision to
direct the Vice-Chancellor to cancel the Letter No. 1416 (R)
dated 05.04.2023. However, at the same time, while directing
for cancellation of the aforesaid notification, the Hon’ble
Chancellor expected that before cancelling the impugned
notification dated 05.04.2023, in compliance of his order, the
Patna High Court CWJC No.9583 of 2023 dt.19-01-2026
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Vice-Chancellor of the University shall follow the statutory
provisions in this regard.
15. It would be apt and proper to quote para-14 of the
counter affidavit filed on behalf of the office of the Chancellor
of Universities.
“14. That it is a well-settled principle of law
which has the judicial approval that if an act has to
be done in a particular manner in terms of the
mandate of the Statutory provisions, then it has to
be done in that way only. The Hon'ble Chancellor
having considered the entire gamut of facts
directed the Vice-Chancellor to cancel the letter by
which Governing Body of the College has been
constituted but at the same time Vice-Chancellor
was duty bound to comply the aforesaid directions
strictly in consonance with the provisions as laid
down in the BSU Act 1976 (as amended up-date).”
16. Now coming to Statute 32 regarding governing
body, especially Clause 28 thereof, which deals with suspension
or dissolution of governing body or cancellation of grant-in-aid
to the college.
17. Clause (1) of Statute 28 clearly stipulates that the
Syndicate may on its own motion or at the instance of the Vice-
Chancellor (i) suspend the Governing Body for a specific period
or (ii) dissolve a Governing Body and order its re-constitution,
Patna High Court CWJC No.9583 of 2023 dt.19-01-2026
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or (iii) cancel grant-in-aid to the college for the following
reasons:-
“(a) That the college has failed to comply
with the directions issued by the Syndicate under
the laws of the University within a specific time,
(b) That the college has failed to observe
the provisions of the laws of the University
(c) That the accounts of grants made to the
college have been improperly utilized; and
(d) That the affairs of the college in the
opinion of the Syndicate have been grossly
mismanaged:”
18. Bare reading of the afore-noted provisions, it is
manifest that the Syndicate is empowered to take the decision of
suspension or dissolution of governing body either on its own
motion or at the instance of the Vice Chancellor. However, the
proviso of the same clause makes it clear that before ordering
suspension or dissolution of the governing body and before
passing any order indicated above, the Syndicate shall give a
reasonable opportunity to the governing body to show cause
against such action.
19. The materials available on record, especially the
order of the Vice Chancellor, whereby the Letter No.1749(R)
dated 27.06.2023 issued in compliance of the Letter dated
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12.06.2022 of the Governor Secretariat, dissolving the duly
constituted regular governing body, is passed without any show-
cause notice or opportunity of hearing by the Syndicate,
contrary to the specific provisions prescribed under Clause 28 of
the Statute.
20. The fact, that before dissolution of the governing
body, no show-cause notice or any opportunity of hearing has
been advanced; it has not been confronted by any of the parties.
21. It is trite law that where a statute provides for a
thing to be done in a particular manner, then it has to be done in
that manner and in no other manner [Taylor v. Taylor 1875
LR1 CHD 426].
22. The counter-affidavit filed by the office of the
learned Chancellor also expected from the Vice Chancellor that
before issuance of the impugned order, the procedure which has
been prescribed under the Statute and the Act must be followed.
23. Once, from the facts and materials available on
record, it is manifest that the statutory prescriptions have not
been followed before issuance of the impugned order, this Court
has left with no option but to set aside the order contained in
Letter No.1749(R) dated 27.6.2023 (Annexure-6).
24. The Vice-Chancellor, Jai Prakash University,
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Chapra is directed to take appropriate action afresh in
accordance with law, keeping in mind the provisions discussed
hereinabove and pass a fresh order in accordance with law and
thereupon to proceed for constitution of a regular Governing
Body of the College.
25. It is expected that the entire exercise must be
completed within eight weeks from the date of
receipt/production of a copy of this order.
26. C.W.J.C. No. 9583 of 2023 stands allowed.
(Harish Kumar, J)
rohit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.01.2026
Transmission Date
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