Dr. Vijay Kumar v. The State Of Bihar Through Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2242 of 2021 ====================================================== Dr. Vijay Kumar son of Late Tej Narayan Yadav resident of RCA-32, Sector4, Bahadurpur Housing Colony, Sampatchak, P.S. - Sampatchak, District- Patna. At present Associate Professor, Department of Zoology, R.N College, Hajippur (BRA Bihar University), District- Vaishali, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Higher Education Department, Government of Bihar, Patna.

3.

The BRA Bihar University through its Registrar B R A Bihar, Muzaffarpur. 4.

The Vice Chancellor, B R A Bihar University, Muzaffarpur. 5.

The Registrar, B R A Bihar University, Muzaffarpur. 6.

The Principal, R.N. College, Hajipur, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harendra Kumar Tiwary, Advocate For the Respondent/s :

Mr. Lalit Kishore (Ag) Mr. Ram Binay Prasad Singh, Advocate Mr. Nikhil Agarwal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 03-02-2022 Heard Mr. Harendra Kumar Tiwary, learned Advocate for the petitioner and Mr. Ram Binay Prasad Singh for the State. The BRA Bihar University is represented by Mr. Nikhil Agarwal, Advocate.

The petitioner, who is an Associate Professor in the Department of Zoology in R.N. College at Hajipur in the district of Vaishali has come up before this Court being aggrieved by the respondent/University in not introducing

Patna High Court CWJC No.2242 of 2021 dt.03-02-2022 2/3 the principle of Rotation of Headship in the colleges despite the same being applicable for the Heads of the colleges also, which has been clarified by a judgment of this Court dated 15.12.2011 passed in CWJC No. 13760 of 2011. It is the contention of the petitioner that despite the petitioner and several others having represented the respondent/University for the purposes of implementing the aforesaid revised statute with respect to Rotation of Headships for the college departments also, nothing has been done.

The University, but, has accepted the principle of Rotation of the Headship in the University department. There does not appear to be any justifiable reason, it has been urged, for not extending it to the Headship of the college departments also.

The State in its counter affidavit has submitted that it should have been done by the University by now. Regard being had to the aforesaid background facts, the petitioner is directed to make a suitable

Patna High Court CWJC No.2242 of 2021 dt.03-02-2022 3/3 representation, annexing a copy of this order as well as the judgment dated 15.12.2011 passed in CWJC No. 13760 of 2011, before the Vice-Chancellor of BRA, Bihar University, Muzaffarpur (respondent no. 4) within a period of two weeks and such representation shall be acted upon by the concerned respondent and necessary orders shall be passed within a further period of six weeks.

Needless to state that the petitioner shall be intimated about the decision so taken by the concerned respondent, which shall be in accordance with the rules and the precedents.

With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.02.2022 Transmission Date