ORDER : Heard learned counsel for the petitioner, Mr. Lalit Kishore, learned Advocate General for the State and learned counsel for the Universities. Re.: Interlocutory Application No. 3284 of 2018 2. Learned Advocate General submitted that due to some law and order issued which has arisen in the town of Arrah yesterday, the District Magistrate and the Superintendent of Police, Bhojpur have filed the present Interlocutory Application seeking exemption in order to be present in the district of Bhojpur to tackle the situation. Accordingly, exemption is sought from appearance before the Court today. 3. Having considered the matter, the Court finds that this is an emergent situation and the reason given for seeking exemption is justified. 4. In view thereof, the prayer is allowed. 5. The District Magistrate and Superintendent of Police, Bhojpur are exempted from appearing before the Court in person today. 6. Interlocutory Application No. 3284 of 2018 stands disposed off. Re.: Civil Writ Jurisdiction Case No. 18581 of 2015 7. In terms of the order dated 05.04.2018, Prof. A.K. Roy, Vice- Chancellor and Prof. Narendra Srivastava, Registrar, B.N. Mandal University; Prof. K.N. Paswan, In-charge Vice- Chancellor and Prof. Shailesh Kumar, Registrar, Magadh University; Prof. Khalid Mirza, Vice-Chancellor and Prof. Mohd. Israr Hussain Khan, Registrar, Maulana Majharul Haque A & P University, Patna; Prof. Syed Momtazzudin, Vice-Chancellor and Mr. S.N. Jha, Registrar, V.K.S. University, Ara; Prof. Arun Kumar Agrawal, Vice-Chancellor, Aryabhatta Knowledge University; Colonel Shyamanand Jha, V.K.S.U., Ara, Registrar; Prof. Harikash Singh, Vice Chancellor , J. P. University, Chapra; Prof. Ranjit Kumar Verma, Vice-Chancellor, Munger University, Munger; Prof. G.C.R. Jaiswal, Vice-Chancellor, Patliputra University, Patna; Prof. Amrendra Narayan Yadav, Vice- Chancellor and Mr. Ajay Kumar Srivastava, Registrar B.R.A. Bihar University, Muzzafarpur; Mr. Uday Kumar Singh, District Magistrate, Munger; Dr. Syed Raza, Registrar, J.P. University, Chapra; Mr. Rajiv Ranjan, Registrar Aryabhatta Knowledge University, Patna; Mr. Ashok Kumar Jha, Registrar and Prof. N.K. Jha, Vice-Chancellor, T. M. Bhagalpur University, Bhagalpur; Prof. Rabindar Kumar Registrar and Prof. Ras Bihari Prasad Singh, Vice Chancellor Patna University, Patna; Prof. Sarve Narayan Jha, Vice-Chancellor K.S.D.S. University, Darbhanga; Prof. Ravindar Kumar Sinha, Vice-Chancellor, and Mr. S.P. Sinha Registrar Nalanda Open University, Patna; Mr. Mustafa Kamal Ansari, Registrar, Mr. Vinod Kumar Finance Officer and Dr. Jai Gopal Prof. Vice-Chancellor/ Incharge/V.C. L.N.M.U., Darbhanga; Mr. Kumar Ravi District Magistrate, Patna; Mr. Manu Maharaj, Senior Superintendent of Police, Patna; Mr. Abhishek Sinha, District Magistrate, Gaya; Mrs. Ravindar Kumar Sinha, Vice-Chancellor, and Mr. S.P. Sinha Registrar Nalanda Open University, Patna; Mr. Mustafa Kamal Ansari, Registrar, Mr. Vinod Kumar Finance Officer and Dr. Jai Gopal Prof. Vice-Chancellor/ Incharge/V.C. L.N.M.U., Darbhanga; Mr. Kumar Ravi District Magistrate, Patna; Mr. Manu Maharaj, Senior Superintendent of Police, Patna; Mr. Abhishek Sinha, District Magistrate, Gaya; Mrs. Garima Malik, Senior Superintendent of Police, Gaya; Mr. Anand Sharma, District Magistrate, Bhagalpur; Mr. Manoj Kumar Senior Superintendent of Police, Bhagalpur, Mr. Dharmendra Singh District Magistrate, Muzaffarpur; Mr. P.K. Jha, District Magistrate, Purnia; Mr. Nishant Kumar Tiwari Superintendent of Police, Purnia; Mr. Mohd. Sohail, District Magistrate, Madhepura; Mr. Kumar Ashish Superintendent of Police, Madhupura; Mr. Pranav Kumar, District Magistrate, Samastipur; Mr. Satya Veer Singh, Senior Superintendent of Police, Darbhanga; Mr. Deepak Ranjan Superintendent of Police, Samastipur; Mr. Upendra Nath Verma, Senior Superintendent of Police, Muzaffarpur; Mr. Ashish Bharti Superintendent of Police Munger; Mr. Har Kishore Rai, Superintendent of Police, Saran, Chapra; Mr. Harihar Prasad, District Magistrate, Saran, Chapra; Mr. Rakesh Kumar Jha, D.D.C. Bhojpur, for District Magistrate, Bhojpur (Ara); Mr. Sanjay Kumar S.D.P.O., Sadar, Ara for Superintendent of Police, Bhojpur are present. 8. One of the grievance raised on behalf of the Universities was that though they have received support from the district/police administration at the time of holding of examination but on the practical side, the experience is that the team of police officers deputed and also the Magistrates come late to the venue when the exam has already begun, whereas they are required to be present there prior to the start of the examination, especially to control entry into the venue so that the students are properly checked and there is no untoward situation created, either by the students or their guardians who accompany them. The District Magistrates and Senior Superintendents/Superintendents of Police have assured the Court that such grievance shall be appropriately addressed in future. The Court would only indicate that it is equally incumbent upon the University officials to fix the venue of examinations in consultation with the district/police administration. 9. The District Magistrates and Senior Superintendents/Superintendents of Police have assured the Court that such grievance shall be appropriately addressed in future. The Court would only indicate that it is equally incumbent upon the University officials to fix the venue of examinations in consultation with the district/police administration. 9. An issue has been raised on behalf of the administration that many a times, due to there being no quick negotiated settlement, matters become worse and complicated and if at all, the administration has to send forces on the University campus, that itself has a negative effect and instead of solving the issue, it flares up the situation, creating law and order issues. In view of there being past precedence relating to such matters, where a Bench of this Court had to pass an order directing that agitations and demonstrations be only held at certain demarcated places and not anywhere else so as to prevent there being any law and order issue and inconvenience to the public at large, the Court has been informed by the parties that this could be a positive step towards controlling such issues in future. Accordingly, a direction is issued to the University and the district administration/police/authorities to demarcate sufficient space/area on which, people who have any grievance may demonstrate/hold rallies/ protest, but with the rider that even at those places such show of protest or demonstration has to be peaceful and within the limits prescribed by law. Further suggestion came from the district/police administration that if the areas of the University, including the places demarcated for demonstration/protest, CC TV cameras are installed, the same will act both as a deterrent as well as for identifying elements who actually violate the law. The Court endorses such suggestion and accordingly, a direction is issued to the State Government to ensure that the University campuses, including places marked for demonstration/rallies/ protest are covered under CC TV cameras. The same be done expeditiously and preferably within four months. It goes without saying that the footage would also be accessible to the district/police administration and it should also be ensured that the agency which installs such CC TV cameras is made responsible for its long term maintenance so that it is in functional state and does not go out of order. It goes without saying that the footage would also be accessible to the district/police administration and it should also be ensured that the agency which installs such CC TV cameras is made responsible for its long term maintenance so that it is in functional state and does not go out of order. For such purpose, the Government would ensure that the long term up keep and maintenance of such equipment is also factored in while installing such equipment. A positive suggestion has also come from the side of the district/police administration that genuine and serious efforts are required to be made between the officials of the Universities, the students and their bodies as well as the employees so that issues are settled peacefully through negotiation and talks and even with regard to issues where the University feels that it does not have any discretion, a final decision be taken without delay and without keeping the matter pending so that the aggrieved persons may approach the appropriate forum in the matter instead of lingering with the protest which may sooner or later take the shape of any untoward incident. The Court has also been informed that even when an incident takes place, the University officers who are present at the spot and witness to the incident, upon arrival and intervention by the police, they are reluctant to give statement for the police to initiate proceedings which leads to there being difficulty from the side of the administration to take effective steps. The Court would also observe that if an incident takes place on the campuses of the Universities, the officers are required to come forward and give a written statement to such effect to the concerned police officers. However, the Court would hasten to add that it is also the duty of the district/police administration to reach the spot and take the statement at the spot instead of requiring the officers to come to the police station by way of a formality to lodge a report. 10. However, the Court would hasten to add that it is also the duty of the district/police administration to reach the spot and take the statement at the spot instead of requiring the officers to come to the police station by way of a formality to lodge a report. 10. From the side of the Universities, a suggestion has come that the University officers, senior representatives of the teaching faculty, representatives of the students and also district/police administration, form a core group which may deliberate all the issues relating to the University and which should meet at regular intervals so that no unpleasant situation arises for either the employees or the students to resort to strong arm tactics or any sort of agitation. The suggestion appears to be very practical and positive and, thus, the Court would request all the stakeholders/parties that such a body be constituted. The Court would, thus, require all the Universities to have a composite body which should meet on a regular basis on a working day in the second half so as not to disturb any other working. It would also be better that a particular day of the month is fixed in advance so that all the parties/stakeholders are aware of such date being fixed. The date fixed should be preferably monthly but in any case once every three months. The Court would expect that the top officers from the University and the district/police administration should make it a point to attend and not treat the body as a mere formality where they send their representatives. The decision taken in such meetings be also implemented expeditiously so that the body does not lose the confidence of the stakeholders and acts as an effective tool in ensuring that matters do not reach a point where some untoward incident happens. 11. The Court would also observe that the Universities should also come up with Internal Dispute Redressal Forums, which should become functional so that they serve the purpose for which they have been created with regard to dealing with the grievances of the persons who approach the Cell. The Court would only observe that at least in the University campus, there is required to be a permanent police presence. 12. The Court would also modify its earlier observation with regard to payment of flat Rs. The Court would only observe that at least in the University campus, there is required to be a permanent police presence. 12. The Court would also modify its earlier observation with regard to payment of flat Rs. 4,500/- per month to the Advocate Clerk to the extent that the earlier system of the learned Advocate raising bill by adding 10% of clearage shall be followed. 13. The Court had been informed that the Government has taken a decision that its Pay Verification Team would visit the Universities to do the exercise rather than the Universities coming up with all the records to Patna. The Court had appreciated such gesture. However, today it has been informed that though three days have been fixed for the team to visit the campuses but the dates have passed and the teams have not turned up. The Court would express its concern at such development. If on the one hand, the Department is trying to show its bona fide of facilitating matters by taking the stand that they are sending teams to the Universities, whereas in reality, the teams are not going, leading to the situation in the University becoming volatile day by day, the Court may be constrained to presume that such information given to the Court was not bona fide and with genuine concern to solve issues and rather only to misguide the Court that the Government was sincere in its conduct. Thus, the Court is constrained to issue direction to the Education Department to ensure that fresh dates are fixed for sending the teams to the Universities where dates have lapsed and teams not sent, in consultation with the University, and to ensure that wherever the dates have not yet come, the teams are sent on the dates fixed and they do the job entrusted to them promptly, efficiently and with full responsibility without any ill will or bias. 14. A grievance has been raised on behalf of T.M. Bhagalpur University and Registrar V.K.S. University that the requisite fund for salary relating to non teaching staff has not been fully reimbursed by the State Government resulting in them agitating, which ultimately has led to the University not being able to run smoothly. At this stage, almost all the Universities submitted that this was the general problem with them also. At this stage, almost all the Universities submitted that this was the general problem with them also. The Court would only observe that it is for the University and the Government to work out the entitlement of the employees, both teaching and non teaching of the Universities, who are to be paid and because the State 100% reimburses the amount, it is required to release the amount, though after full satisfaction with regard to the quantum based upon the entitlement in law. The Court would, thus, direct the Universities and the Government to sit together and resolve the issue expeditiously. 15. Grievance has also been raised on behalf of the Universities that they are reimbursed funds only with regard to the salary and emoluments of the teaching and non teaching employees but not with regard to the extra expenses like Advocate fee, actual expenses incurred in completing pleadings and filing of affidavits etc. If that is the position, the Universities being 100% dependent on State resources, the State has to ensure that the genuine expenses incurred by the Universities are reimbursed. The Principal Secretary, Department of Education as was as the Principal Secretary, Department of Finance shall look into the matter and resolve the issues, preferably within two months from today. For this purpose, the Court would also request all the Universities to individually make such request formally to the State Government justifying such payments. 16. At this juncture, the Court would also make a request in general to all the unions of the employees, both teaching and non teaching and students of all the Universities that they should not resort to any such action which paralyzes the working of the University, as it is their duty to ensure that things do not come to a halt. The Court is of the firm belief that there are no issues which cannot be resolved through dialogue and peaceful means, provided the cause is genuine and bona fide. They have an obligation to the system to perform their duty, and in the opinion of the Court resorting to no work or creating obstacles is not justified. The Court hopes and trusts that in future, good sense will prevail among the parties without there being need of any judicial intervention. 17. They have an obligation to the system to perform their duty, and in the opinion of the Court resorting to no work or creating obstacles is not justified. The Court hopes and trusts that in future, good sense will prevail among the parties without there being need of any judicial intervention. 17. The Court would make it clear that it has only acted as a facilitator, for actually there has to be cohesion and healthy interaction between the University and the local administration, both civil and police and for this purpose, the first and foremost requirement is of having mutual respect and trust and maintaining cordial relations between the branches on a personal basis. Further, once the Court has intervened and the district administration has also responded positively, the Court would request that the University shall maintain their academic calendar so that the career of the students are not put to jeopardy. 18. After detailed interaction, which was quite productive, the Bar has made a request to the Court that in view of the general condition of the economy, where all other branches have got a rise by way of various Pay Revisions, the State counsel also being part and parcel of the same society, living in the same conditions prevailing and there being financial liabilities at par with all other persons in the society, the time has probably come for enhancement of their fee. The Court fully endorses such sentiment as learned counsel also have to maintain their families and this is a profession for them and they are required to be duly and adequately compensated for the labour and work done by them in cases in which they are engaged by the respective clients they represent. However, the Court does not have any judicial discretion to pass any order or issue any mandamus, but having found substance and justification in such request, the Court in its turn, would forward the request to the Competent Authority to take a call in the aforesaid background and the sentiment of the Court. The Court would also observe that such decision be taken, considering the general inflation and the enhancement made with regard to the other sections of the society and various other institutions, for at the end of the day, even learned counsel are human beings with the same financial liabilities and responsibilities on them. The Court would also observe that such decision be taken, considering the general inflation and the enhancement made with regard to the other sections of the society and various other institutions, for at the end of the day, even learned counsel are human beings with the same financial liabilities and responsibilities on them. The Court thus, would request learned counsel to convey the sentiments of the Court to the Hon’ble Chancellor for initiating action in this regard. 19. The matter is adjourned for 7th of May, 2018. The University and District Officials are exempted from appearance, for the present, with the understanding and trust that the Court shall not get any occasion in future to require any explanation from them or to direct for their appearance.