Krishna Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.705 of 2020 ====================================================== Krishna Kumar Pandey, Son of Ram Bachan Pandey, Resident of Village Karaundi, Police Station- Sonhan, District- Kaimur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Higher Education, Education Department, New Secretariat, Patna. 2.

The Veer Kunwar Singh University through the Registrar, Ara. 3.

The Registrar, Veer Kunwar Singh University, Ara. 4.

The Secretary, Rajshri Shariwahan Degree College, Bhagwanpur, Police Station Bhagwanpur, District- Kaimur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rupak Kumar, Advocate For the Respondent/s :

Smt. Binita Singh (SC-28) For University : Smt. Nutan Sahay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-02-2020 Heard learned counsel for the petitioner and the respondents.

Learned counsel for the petitioner submits that the petitioner is the founder Principal of the College. He is working as incharge Principal and is due to retire within seven months. The College has issued advertisement for appointment on regular post of Principal of the College in the light of direction issued by the Veer Kunwar Singh University as contained in Annexure-1. He further submits that the action of the University in directing the concerned affiliated college to appoint regular Principal is without jurisdiction.

Patna High Court CWJC No.705 of 2020(2) dt.17-02-2020 2/2 The Statute governing the role of the Governing Body of the college and its relation to the University permits issuance of direction by the University and there is no infirmity in the direction issued by the University for taking steps for appointment of regular Principal. If the petitioner has any grievance, he may approach the appropriate authority, as the Court cannot issue any positive direction in the present writ application to restrain the University or the College from taking steps for appointment of regular Principal.

Accordingly, the writ application is disposed of with liberty to the petitioner to approach the University, if he has any legitimate grievance under the scheme of the Universities Act. (Anil Kumar Upadhyay, J) uday/- U