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Patna High Court

Vishnu Shankar ChoubeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Liberty is granted to the petitioner to file a fresh writ petition within two weeks, and the contempt petition is disposed.

Summary

The petitioner, Prof. Vishnu Shankar Choubey, complained that the Vice‑Chancellor of Veer Kunwar Singh University had directed the Governing Body of Jan Sahkari Degree College to consider his grievances, but the Governing Body failed to act. The petitioner sought liberty to file a fresh writ petition because the earlier order dated 25‑Sept‑2018 in CWJC No.1306 of 2016 contained no direction to the college’s Governing Body and was being disobeyed. The Court examined whether the petitioner could be permitted to file a new writ petition and whether the contempt petition should be dismissed. It held that the petitioner should be granted liberty to file a fresh writ petition within two weeks, and that the contempt petition stands disposed. The order also directed the registry to list any fresh petition on priority.

Issues considered

  • Whether the petitioner is entitled to liberty to file a fresh writ petition due to non‑compliance by the Governing Body of the college.
  • Whether the contempt petition should be dismissed.

Subjects

  • contempt
  • writ petition
  • university administration
  • governing body
  • non‑compliance
  • liberty to file

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.2312 of 2019
                                                      In
                                Civil Writ Jurisdiction Case No.1306 of 2016
                 ======================================================
                 Vishnu Shankar Choubey S/o Late Krishna Kumar Choubey Professor,
                 Ancient History, Jan Sahkari College, Barap, Garhani Bhojpur Bihar Resident
                 of Village - Dhamanta Post - Garhani Ps - Agiaon Garahani District - Bhojpur
                 - 802203 Bihar.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through Sri Deepak Kumar, Chief Secretary to the Govt.
                 of Bihar, Main Secretariat, Patna-800001
           2.    Sri Devi Prasad Tiwary The Vice Chancellor, Veer Kunwar Singh University,
                 Arah, Distt.- Bhojpur-802201, Bihar
           3.    Col. Shyama Nand Jha The Registrar, Veer Kunwar Singh University, Arah,
                 Distt.- Bhojpur-802201, Bihar
           4.    Shri Arun Prakash The Sub Divisional Officer-cum-Secretary, Jan Sahkari
                 Degree College, Barap, Garhani Distt.- Bhojpur-802203, Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. M.P.Dixit, Adv.
                                               Mr. S.K.Dixit, Adv.
                                               Mr. S.K.Chaubey, Adv.
                                               Mr. Amit Ranjan Dixit, Adv.
                                               Mr. Milind Raj Dixit, Adv.
                 For the State          :      Ms. Abhanjalli, AC to GA-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

4   09-01-2026                   It appears from the records that though the Vice-

                   Chancellor, Veer Kunwar Singh University, District-Bhojpur has

                   passed a reasoned order, however he has shifted the burden over

                   the Governing Body of Jan Sahkari Degree College, Barap,

                   Garhani, District-Bhojpur, Bihar, which has in turn been

                   directed by the Vice-Chancellor, vide order dated 8.7.2019 to

                   consider the complaints of the petitioner and dispose of the
         Patna High Court MJC No.2312 of 2019(4) dt.09-01-2026
                                                     2/2




                   same as also inform the said Vice-Chancellor.

                   2.      It is submitted that the Governing Body of the aforesaid

                   College is sitting tight over the matter and not taking any action,

                   hence it is prayed that the petitioner be granted liberty to file a

                   fresh writ petition in view of the fact that the order dated

                   25.9.2018, passed in CWJC No. 1306 of 2016, disobedience

                   whereof has been complained of in the present petition, does not

                   contain any direction upon the Governing Body of the aforesaid

                   College. Liberty, so sought, is granted.

                   3.      It is needless to state that in case appropriate writ petition

                   is filed within a period of two weeks from today, the registry of

                   this Court shall list it on priority before the appropriate Bench.

                   4.      Accordingly, the present contempt petition stands

                   disposed off.


                                           (Mohit Kumar Shah, J)

Ajay/-
U


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