Teachers Association, T.S. College, Hisua v. The Magadh University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1695 of 2023 ====================================================== 1.

Teachers Association, T.S. College, Hisua through its Secretary namely Dr. Anjani Kumar (Male), aged about 62 years, S/o Ram Jatan Sharma, R/oNew Area Gondapur, P.S.- Town P.S. Nawadah, District Nawada, PIN Code805110, presently working as Asst. Professor (Sr. Scale), Department of Political Science, T.S. College, Hisua, District- Nawada. 2.

Sunder Sharma, S/o- Valdev Singh, R/o Village- Nimi, P.O.- Bhare, P.S.- Fatehpur, District- Gaya, presently working as Asst. Professor, Department of Sanskrit, T.S. College, Hisua, District- Nawada. ... ... Petitioners

Versus

1.

The Magadh University Bodh Gaya, through its Registrar, District- Gaya. 2.

The Vice Chancellor, Magadh University, Bodh Gaya, District- Gaya. 3.

The Registrar, Magadh University, Bodh Gaya, District- Gaya. 4.

The Principal, Tribeni Sayabhama College, Hasua, District- Nawadah. 5.

Mr. Arjun Kumar, S/o- Name not known to the petitioners, Assistant Professor, Department of History, T.S. College, Hisua, District- Nawada, presently working as Bursar of T.S. College, Hisua, District- Nawada. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Purushottam Kumar Jha, Advocate For the University :

Mr. Siddhartha Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-06-2023 Heard learned counsel for the petitioners and learned counsel for the Magadh University.

Petitioners in the present case are seeking a direction to the respondents to consider the representation dated 27.08.2022 submitted through the learned Advocate on behalf of the petitioners, a copy of which has been enclosed as Annexure '7' to the writ application.

It appears that the petitioners are aggrieved by and dissatisfied with the decision as contained in Memo No.

Patna High Court CWJC No.1695 of 2023(2) dt.19-06-2023 2/3 G.S.I.D. / 19/ 2022 dated 16.08.2022 issued by the Registrar of the Magadh University whereby one Mr. Arjun Kumar, Assistant Professor (Respondent No. 5) has been appointed as the Bursar in T.S. College, Hisua, Nawada.

Learned counsel for the petitioners has drawn the attention of this Court towards the Letter No. 365/G.I.A. dated 30.04.1994 written by the Registrar, Magadh University, Bodh Gaya to all the Principals of the affiliated Colleges under the Magadh University. It is submitted with reference to paragraph '7' of the said communication that it is the seniority of the teachers who have been appointed against the sanctioned post in the affiliated Colleges which will matter in the matter of appointment on the post of Bursar.

Learned counsel submits that contrary to the guidelines provided in the said communication (Annexure '2'), the Registrar has appointed the private respondent no. 5 who has been appointed in the College only about two years ago. It is submitted that the petitioner no. 2 is much senior to the private respondent no. 5 as he was appointed about 37 years ago. Mr. Siddharth Prasad, learned counsel for the Magadh University submits that since the petitioners are praying for consideration of their representation, this Court may direct the

Patna High Court CWJC No.1695 of 2023(2) dt.19-06-2023 3/3 competent authority to consider and dispose of the representation of the petitioner in accordance with law within a reasonable period.

Having regard to the submissions noted hereinabove and the materials available on the record, this Court directs the Vice Chancellor, Magadh University, Bodh Gaya (Respondent No. 2) to consider the representation of the petitioners as contained in Annexure '7' to the writ application and take an appropriate decision thereon keeping in view the guidelines and the other norms and rules, if any.

In any case, the consideration and the decision thereon to the representation of the petitioner must be taken within a period of two months from today.

Let a copy of this order be communicated to the Vice Chancellor (Respondent No. 2) forthwith.

This application is disposed of accordingly.

(Rajeev Ranjan Prasad, J) lekhi/- U