Hemant Gupta JUDGMENT
Hemant Gupta, J.
1. The present appeal is directed against an order passed by the Division Bench of the High Court of Judicature at Patna on 13.03.2018 whereby the Writ Petition was allowed directing the Appellant to provide financial assistance for payment of the arrears as well as current pension to the employees of the Anugraha Narayan Sinha Institute of Social Studies, Patna (Institute).
2. The Institute is incorporated by the Anugraha Narayan Sinha Institute of Social Studies Act, 1964, (Act). The Institute has a perpetual succession and a common seal. The Chairman of the Board of Control is a nominee of the State Government. The State Government is also to nominate two persons of eminence in consultation with the Chairman; whereas, the others are ex-officio members such as Vice-Chancellor of Patna University, another Vice-Chancellor to be nominated by the State Government other than that of Patna University in rotation in alphabetical order as per names of Universities; two representatives of the Indian Council of Social Science Research, New Delhi; one representative of the University Grants Commission; one faculty member not below the rank of a Professor and a Secretary to the State Government in the Department of Education and in the Department of Finance.
3. In terms of Section 6 of the Act, the Board is the supreme governing body of the Institute and is to exercise all the powers of the Institute. Section 8 mandates the State Government to contribute a sum of rupees two lacs in each financial year for the maintenance of the Institute and such other sums as it may deem fit for special items of research or education work, publication, buildings and proper maintenance and development of the Institute. Section 9 of the Act provides for establishment of Institute Fund, whereas, Section 10 deals with the budget of the Institute. Section 16 of the Act empowers the Board to make Rules not inconsistent with the provisions of the Act, whereas, Section 17 empowers the Board to make Regulations consistent with the Act and the Rules framed thereunder. The relevant provisions of the Act read as under:
6. Functions of the Board.-(1) The Board shall be the supreme governing........