Dr. Usha Vidyarthi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9240 of 2025 ====================================================== Dr. Usha Vidyarthi W/o- Umesh Kumar Vidyarthi R/o- Defence Colony, 142, Near Tempo Stand, Kankarbagh, P.S.- Kankarbagh, District- Patna- 800020. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The Chancellor of Universities, Bihar, Rajbhawan, Patna. 3.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

4.

The Principal Secretary to Governor cum Chancellor, Rajbhawan, Patna. 5.

The Vice Chancellor, Patliputra University, Patna. 6.

The Registrar, Patliputra University, Patna.

7.

Dr. Uday Raj Uday, Professor in Charge, Mahila College, Khagaul, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ansul Raj, Advocate :

Mrs.Priyanka Singh, Advocate For the Respondent/s :

Mr.Narendra Kumar Singh, AC to GP 22 For PPU :

Mr.Rana Vikram Singh, Advocate :

Mrs.Rasika, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-06-2025 1.

Heard learned counsel for the parties concerned. 2.

The present writ application has been filed being aggrieved by notification contained in Memo No. R/PPU/858/25 dated 04.06.2025, whereby respondent no. 7 has been appointed as Professor In-charge in Mahila College, Khagaul in place of the petitioner. However, the petitioner is working as Principal of Mahila College, Khagaul since 2022.

3.

Mr. Ansul Raj, learned Senior counsel appearing for the petitioner submits that petitioner has obtained PhD

Patna High Court CWJC No.9240 of 2025(2) dt.12-06-2025 2/3 degree in the year 1995 whereas Sri Uday Raj Uday, respondent no. 7 has obtained PhD degree in the year 2005. As per the norms of the University Grants Commission, PhD degree is meant for appointment as Principal and/ or Assistant Professor. The petitioner, having been obtained the PhD degree much prior to the degree obtained by respondent no. 7, was made In-charge Principal of the Mahila College, Khagaul. Learned Senior counsel further submits that pursuant to an advertisement for selection of Principal, the petitioner applied and was selected on the substantive post of Principal and was posted in the constituent college of Magadh University and served as full-time Principal from 10.06.2009 to 21.01.2011. Thereafter, the petitioner was elected as M.L.A.

from Paliganj, Bihar and she went on lien from 21.02.2011 to 19.01.2012. After completion of her tenure as M.L.A., the petitioner again resumed her duty at Mahila College, Khagaul from 20.01.2012 to 19.06.2012. Thereafter, the petitioner was posted at T.P.S. College, Patna from 10.11.2015 to 09.06.2022 and again on 10.06.2022, the petitioner was appointed as Professor In-charge and made Principal of the Mahila College, Khagaul, accordingly, the submission is that the petitioner is a duly appointed Principal whereas respondent no.

Patna High Court CWJC No.9240 of 2025(2) dt.12-06-2025 3/3 as Principal at any point of time.

4.

On the other hand, Mr. Rana Vikram Singh, learned counsel for the Patliputra University submits that the petitioner has filed an appeal against the impugned order dated 04.06.2025 under Section 4(6) of the Bihar State Universities Act, which is still pending, accordingly the submission is that the matter may be disposed with a request to the learned Chancellor to dispose the appeal at the earliest in accordance with law, after giving proper opportunity of hearing to respondent no. 7. 5.

Considering the submissions made by learned counsel for the parties, I feel it expedient to request the learned Chancellor to dispose the appeal preferred by the petitioner, in accordance with law and as early as possible. It is pertinent to mention here that until the appeal is disposed by Hon'ble Chancellor, the impugned order dated 04.06.2025, annexed as Annexure-P/4 to the writ application shall be kept in abeyance. 6.

With the aforesaid observations and directions, the present writ application is disposed off. (Anil Kumar Sinha, J) rinkee/- U