Mithilesh Kumar Pandey v. The Veer Kunwar Singh University And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14312 of 2013 ====================================================== Mithilesh Kumar Pandey Son Of Sri Radha Mohan Pandey Resident Of Maharaja Hata, Ara, Police Station Nawada (Ara), District - Bhojpur, Bihar Presently Posted As Professor And Head, Department Of Botany, Maharaja College, Ara, Bhojpur, Bihar .... .... Petitioner/s
Versus
1. The Veer Kunwar Singh University Through The Registrar
2. The Vice Chancellor Of The Veer Kunwar Singh University
3. Moti Lal Gupta Newly Appointed Inspector Of Colleges (Science) Of The Veer Kunwar Singh University
4. Dr. Kashi Nath Singh, S/o late Gurucharan Singh, Village + P.O. Moresarai, P.S. Shiosagar, Dist. Rohtas, at present Professor-in-charge, S.P. Jain College, Sasaram.
5. Sri Ram Singh, Retired Acting Vice Chancellor, V.K.S.U., Ara, son of not known to the petitioner, resident of Near Dumraon Rly. Station, P.O. Dumraon, Dist. Buxar.
6. Dr. Pramode Kr. Singh, S/o not known to the petitioner, resident of Mohalla Gawarshni, P.O. Sasaram, Dist. Rohtas, presently Reader P.G. Department of Eng. S.P. Jain College, Sasaram, Rohtas.
7. Principal Secretary, Education Department, Govt. of Bihar.
8. Director, Higher Education, Govt. of Bihar. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.14431 of 2013 ====================================================== Bipin Kumar Rai Son Of Late Birendra Rai Resident Of 48, Lacturer Quarter, Bra Bihar University Campus Muzaffarpur .... .... Petitioner/s
Versus
1. Baba Saheb Bhimrao Ambedkar Bihar University, Muzaffarpur Through Its Registrar
2. The Vice Chancellor, Baba Saheb Bhimrao Ambedkar Bihar University, Muzaffarpur
3. The Registrar, Baba Saheb Bhimrao Ambedkar Bihar University, Muzaffarpur
4. The Chancellor Of The Universities Cum Governor Of Bihar, Raj Bhawan, Patna
5. The Principal Secretary, Governor Secretariat, Raj Bhawan, Bihar, Patna
6. Dr. Kalyan Kumar Jha, University Department Of Hindi, Baba Saheb Bhimrao Ambedkar Bihar University, Muzaffarpur .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.20483 of 2014 ====================================================== Dr. Pramod Kumar Singh son of late Rajeshwari Prasad Singh resident of
Patna High Court CWJC No.14312 of 2013 (18) dt.04-11-2015 Mohalla - Gaurakshni; Po + Ps - Sasaram, Dist - Rohtas and Professor AND Head, Post - Graduate Department of English, S.P. Jain College, Sasaram (Rohtas).
.... .... Petitioner/s
Versus
1. Veer Kunwar Singh University, Ara through the Vice-Chancellor.
2. The Registrar, Veer Kunwar Singh University, Ara. .... .... Respondent/s ====================================================== Appearance :
(In CWJC No.14312 of 2013) For the Petitioner/s : Mr. Harsh Anuj, Adv. For the Respondent/s : Mr. Sarvadeo Singh (In CWJC No.14431 of 2013) For the Petitioner/s : Mr. Arun Kumar, Adv. Mr. Bipin Kumar, Adv.
For the Respondent/s : Mr. Harendra Kr. Tiwary For the Resp. No.6 : Mr. B.N. Mishra, Adv. (In CWJC No.20483 of 2014) For the Petitioner/s : Mr. Rajendra Pd. Singh, Sr. Adv. Mr. Rajeev Kumar Singh, Adv.
Mr. Mukesh Kumar Singh, Adv.
For the Respondent/s : Mr. Sarva Deo Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 04-11-2015 Heard learned counsel for the parties.
Having regard to the fact that in all these three writ applications, the grievance of the petitioners, as against the decision taken by the Acting Vice Chancellor, who came in the office on account of the order of the Apex Court in the case of Dr. Ram Tawakya Singh Vs. State of Bihar & Ors. reported in 2013 (3) P.L.J.R. (SC) 421, and that such order was wholly temporary in nature, this Court, without expressing any opinion on the merit of such order/action taken by the Acting Vice Chancellor, would deem it expedient in the ends of justice to request the Hon'ble
Patna High Court CWJC No.14312 of 2013 (18) dt.04-11-2015 Chancellor to exercise the power under Section 9(4) of the Bihar State University Act for finding out as to whether the impugned order/action taken by the Acting Vice Chancellor was in accordance with law.
Thus, if the petitioners would file their compact representation in terms of Section 9(4) of the Bihar State University Act, the learned Chancellor shall pass an appropriate order of-course after hearing all concerned including the petitioners/interveners, who have appeared before this Court in these cases.
This Court would also not find any difficulty in giving opportunity to the petitioner of CWJC No. 20483 of 2014 which is directed against the decision of the present Vice Chancellor, inasmuch as, the learned Chancellor has power under Section 9(4) of the Act to look into the order of the regular Vice Chancellor as well.
With the aforementioned observation, all these writ applications are disposed of.
(Mihir Kumar Jha, J) Rishi/- U