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Jharkhand High Court · body

2009 DIGILAW 928 (JHR)

Uday Prasad Singh v. Sidho Kanhu Murmu University

2009-07-03

N.N.TIWARI

body2009
JUDGMENT : In this writ petition, the petitioner has prayed for quashing Letter no.MGC 24/2007 dated 3rd December, 2007, whereby the decision taken by the Governing Body of the College dated 2nd December, 2007 has been communicated to the petitioner, allowing the Respondent no.5 to continue as Professor-in-Charge of the College. The grievance of the petitioner is that earlier he was made Professor-in-Chage of the College, but suddenly by the said letter it has been communicated that the Respondent no.5 has been made Professor-in-Charge. The petitioner has assailed the decision of the Governing Body on two grounds; (i) that it was not a duly constituted Governing Body and (ii) that the required members did not take part in the meeting of the Governing Body and the quorum was not complete. It has been submitted that against the impugned letter, the petitioner has filed a representation before Sidho Kanhu Murmu University on 13th December, 2007, but the same has not been taken note of and no order has been passed till date. The petitioner has, thus, filed this writ petition. Respondent no.5 as also the University have appeared and contested the claim, disputing the said factual contentions made by the petitioner that the Managing Committee was not duly constituted and that the quorum was not complete. It has been submitted that the Managing Committee was constituted in accordance with the provisions of statute and the four members took part in the meeting of the Governing Body and the quorum was complete and the decision is in accordance with law. Having heard learned counsel for the parties and in view of the tangled factual dispute between the parties, this Court refrains from going into the merit of rival contentions of the parties in exercise of its writ jurisdiction. However, the University before whom the petitioner’s representation is pending since long is directed to consider the same and pass a reasoned order after giving an opportunity of hearing to the petitioner, Respondent no.5 and any other interested party. For that purpose the University shall be at liberty to requisition further details/records from the concerned parties. The University shall take decision within a period of three months from the date of receipt/production of a copy of this order. This writ petition is, accordingly, disposed of.