Sidharth Shankar Singh v. The Chancellor Of Universities

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7179 of 2020 ====================================================== Sidharth Shankar Singh Son of Sri Dharamdeo Singh, resident of 205, Kamla Apartment, Visheweshraiya Nagar, Behind Ishan International Girls School, P.S. Rupaspur, District- Patna.

... ... Petitioner/s

Versus

1.

The Chancellor of Universities Bihar, Patna.

2.

The Jai Prakash University, Chapra through its Registrar. 3.

The Vice Chancellor, Jai Prakash University, Chapra. 4.

The Registrar, Jai Prakash University, Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Sinha For the Respondent/s :

Mr. Rajendra Giri ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-08-2020 Heard Mr. Prashant Sinha, learned counsel appearing on behalf of petitioner and Mr. Rajendra Giri, learned counsel appearing of the Hon'ble Chancellor of the University and Mr. Nagendra Prasad Singh, learned counsel appearing on behalf of Jai Prakash University, Chapra.

Mr. Prashan Sinha, learned counsel appearing on behalf of the petitioner submits that the petitioner was appointed as Principal on being selected on the recommendation of the Commission on 15.10.2009. In course of time he was transferred to Ram Jaipal Singh College, Chapra. Learned counsel submits that the petitioner has already completed more than ten years as Principal. He does not

Patna High Court CWJC No.7179 of 2020(2) dt.19-08-2020 2/3 want to continue as Principal. He wants that he may be reverted back to his academic post.

Mr. Prashant Sinha placed reliance on Annexure-6, the notification of the UGC dated 18.7.2018. The UGC regulation prescribes tenure for the post of Principal. The relevant part of Annexure-6 is quoted below:- i) A college principal shall be appointed for a period of five years, extendable for another term of five years on the basis of performance assessment by a Committee appointed by the University, constituted as per these regulations.

ii) After the completion of his/her term as Principal, the incumbent shall join back his/her parent organization with the designation as Professor and in the grade of the Professor.

Mr. Sinha submits that a person after completion of 10 years as Principal is entitled to be reverted back to the academic post as Professor. He submits that since the petitioner has completed 10 years and he has not yet interested in continuing as Principal he approached the University as well as Hon'ble Chancellor for his proper posting in academic as Professor in terms of UGC regulation dated 18.7.2018.

Considering the fact that petitioner has already

Patna High Court CWJC No.7179 of 2020(2) dt.19-08-2020 3/3 completed 10 years and UGC regulation prescribes that a person who has completed 10 years as Principal shall be reverted back to the academic post as Professor, the writ petition is disposed with a request to the Hon'ble Chancellor to take appropriate decision with regard to the petitioner in the light of UGC regulation dated 18.7.2018 at the earliest, preferably within a period of three months from the date of receipt/production of a copy of this order and the petitioner may be posted appropriately on academic post in the light of UGC regulation within the time frame indicated hereinabove.

The University is expected to provide all necessary information to the office of Hon'ble Chancellor so that appropriate decision may be taken within the time frame indicated above.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U