Patna High Court
Mithila Mahila College and AnrversusThe State Of Bihar Through Its Chief Secretary Namely Mr. Anjani Kumar, Govt. Of Bihar, Patna and O
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Since the State Government had taken the required decision, the alleged contempt ceased and the petition was disposed.
Summary
Mithila Mahila College and Dr. Baidyanath Choudhary filed a contempt petition against the State of Bihar, its Education Department officials, and Lalit Narayan Mithila University, alleging wilful disobedience of a High Court order dated 25‑04‑2017 that required the Principal Secretary to decide on the university's recommendations within a specified time. The petitioners claimed the respondents failed to comply despite a representation filed on 15‑05‑2017. The State counsel produced a government order dated 28‑12‑2017, communicated on 05‑01‑2018, indicating that the required decision on posts and staff had been taken. The Court examined whether the respondents were in contempt and concluded that the decision had indeed been taken, thereby ending any alleged contempt. Consequently, the contempt petition was dismissed and the matter disposed.
Issues considered
- Did the respondents commit contempt of court by failing to comply with the order dated 25‑04‑2017?
- Was a decision on the university's recommendations actually taken by the State Government?
- Should the contempt petition be dismissed on the ground that the required decision was made?
Subjects
- contempt of court
- writ jurisdiction
- non‑compliance with court order
- higher education
- state government decision
- petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2915 of 2017
In
Civil Writ Jurisdiction Case No.15730 of 2016
======================================================
1. Mithila Mahila College and Anr son of Late Rajendra Choudhary resident of
village - Anandpur Sahora, P.S. - Ashok Paper Mill, District - Darbhanga.
2. Dr. Baidyanath Choudhary son of Late Rajendra Choudhary resident of
village - Anandpur Sahora, P.S. - Ashok Paper Mill, District - Darbhanga and
Secretary of Mithila Mahila College, Azam Nagar, Darbhanga.
... ... Petitioner/s
Versus
1. The State Of Bihar Through Its Chief Secretary Namely Mr. Anjani Kumar,
Govt. Of Bihar, Patna.
2. The Principal Secretary namely Mr. R.K. Mahajan, Education Department,
Govt. of Bihar, Patna.
3. The Director namely Md. Khalid Mirza, Higher Education, Govt. of Bihar,
Patna.
4. Lalit Narayan Mithila University, Darbhanga through its Registrar namely
Dr. Mustafa Kamal Ansari,
5. The Vice Chancellor namely Prof Surendra Kumar Singh, Lalit Narayan
Mithila University, Kameshwar N
6. The Registrar namely Dr. Mustafa Kamal Ansari, Lalit Narayan Mithila
University, Kameshwar Nagar, D
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Jha, Adv.
For the State : Mr.Ashutosh Ranjan Pandey - AAG 15
For the LNMU : Ms. Binita Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioners, learned
counsel for the State and learned counsel for the Lalit Narayan
Mithila University (henceforth for short ‘the LNMU),
Patna High Court MJC No.2915 of 2017(2) dt.30-04-2026
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Kameshwar Nagar Darbhanga.
2. The present petition has been preferred:
for deterrent punishment to the
respondents-contemners for committing the offence
of contempt of this Hon'ble Court by way of
scandalization and for wilful disobedience to the
order dated 25.04.2017 passed in C.W.J.C. No.
15730 of 2016 by which the Respondents-
Contemnors specially respondent- contemner no.-
2 was clearly directed in the following manner-
“…...the Court is constrained to direct Respondent
No.2 to take a final decision on the
recommendations made by the University within a
period of two weeks from the date of receipt or
production of a copy of this order, if not already
taken. If the State has to make any query from the
University, it must be done within one week from
the date of receipt of the present order and the
University will be required to respond immediately
thereafter so that entire exercise is completed
within a period of three weeks as directed. ". But
despite production of representation dated
Patna High Court MJC No.2915 of 2017(2) dt.30-04-2026
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15.05.2017 (Annexure-2) alongwith aforesaid writ
order dated 25.04.2017 (Annexure-1) through
learned Counsel of the petitioners duly served on
15.05.2017, the respondents- contemners have
knowingly failed to comply the writ order of this
Hon'ble Court which is a serious and
contemptuous matter.
3. The writ court in its order dated 25.04.2017
directed the respondent no. 2, the Principal Secretary, Education
Department, Govt. of Bihar, Patna to take a decision on the
recommendation made by ‘the LNMU’ while disposing of the
said petition. A show cause has been filed on behalf of the
opposite party no.2 and 3. Learned state counsel has taken this
Court to the State Government’s order dated 28.12.2017 which
has been communicated vide letter no.374 dated 05.01.2018 and
addressed to the Registrar, ‘the LNMU’ by which post for all the
subjects as also the staffs have been sanctioned.
4. Learned state counsel submits that a decision has
been taken, if the petitioners are aggrieved by the said decision
the forum is writ court.
5. This Court is in conformity with the submissions
put forward by the learned state counsel. The writ court directed
Patna High Court MJC No.2915 of 2017(2) dt.30-04-2026
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the State Government to take a decision. They have taken a
decision. The contempt ends at this point. If the petitioners are
aggrieved, can very well agitate the matter.
6. With the aforesaid observation, the M.J.C. No.
2915 of 2017 is disposed of.
(Rajiv Roy, J)
Abhishek/-
U
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