Vijay Kumar And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11809 of 2015 ====================================================== 1.

Vijay Kumar Son of Late Ram Pyare Prasad, Resident of Village -Jahana, P.S. - Bind, District-Nalanda.

2.

Arvind Kumar, Son of Late Hari Sao, Resident of Village - Charuamwan, P.S. - Shekhopur Sarai, District - Shekhpura. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Education Department, Bihar, Patna. 3.

The Magadh University, Bodh Gaya, through its Registrar. 4.

The Vice - Chancllor, Magadh University, Bodh Gaya. 5.

The Registrar, Magadh University, Bodh Gaya.

6.

The Adhoc Committee, through its Secretary, Rajeshwar Lall College Degree Section, Ali Nagar, Nalanda.

7.

The Secretary, Adhoc Committee, Rajeshwar Lall College Degree Section Alinagar, Nalanda.

8.

Dr. Satsh Kumar, Son of Late Bhola Singh, Principal, Rajeshwar Lall College, Alinagar, Nalanda.

9.

The Vice Chancellor, Patliputra University near Rajendra Nagar Terminal, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rana Ishwar Chandra, Advocate For the Respondent/s :

Mr. S.K. Sinha, GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-12-2023

1. Heard learned counsel for the petitioners, learned counsel for the Magadh University and learned counsel for the respondents.

2. The petitioners have filed the instant application for the following relief(s) :- "(i) For quashing of the letter No. G-IIIA/391/14 dated 16.06.2014 (Annexure-7) issued

2/4 under the signature of College Inspector (Arts and Commerce), Magadh University, Bodh Gaya (in short, "the University") in compliance of the said University, i.e., respondent no. 4 whereby and where under the respondent no. 8 has been designated as Principal, although the said respondent had only been appointed as Incharge Principal vide a Notification as contained in Memo No. 01/2011 dated 05.01.2011 (Annexure- 6) by the Adhoc Committee of the concerned College.

(ii) For Commanding and directing "the University' to take step fro appointment of permanent Principal in Rajeshwar Lall College (Degree Section), Ali Nagar, Nalanda (in short," the college") after removing the respondent no. 8 from his post of Principal.

(iii) For grant of such other relief(s) for which the petitioners may be found entitled in the facts and circumstances of the case."

3. Bereft of unnecessary details, it may be stated here that the petitioner was aggrieved by the order dated 16.06.2014 (Annexure-7) issued by the Magadh University, Bodh Gaya appointing Dr. Satish Kumar (respondent no. 8) as Principal of the college in question.

4. Learned counsel for the petitioners submits that during the pendency of the writ application the said Dr. Satish Kumar retired, however, once again illegally one Mr. Arvind Kumar Singh son of Sri Ram Chandra Prasad, at Sarwa, P.S. Barbiga, District Sheikhpura has been made Professor in charge of the Rajeshwar Lal College (Degree Section) Alinagar, Nalanda.

5. It is further submitted that an application has been

3/4 filed for adding the said Arvind Kumar Singh as a party respondent in the instant application, however, at the same time it is submitted that in April, 2018, Patliputra University was carved out of the Magadh University and the college in question now falls under the Patliputra University.

6. The said Patliputra University is not a party respondent in the instant application.

7. Having heard learned counsel for the parties and taking into consideration the material on the record, in view of the fact that as of today neither Arvind Kumar Singh nor Patliputra University are party respondents herein, the Court does propose to keep this application pending and is disposing of the same in the following terms.

8. The Vice Chancellor, Patliputra University, near Rajendra Nagar Terminal, Patna is added as respondent no. 9 in the instant application.

9. The petitioners shall file their representation before the newly added Vice Chancellor (respondent no. 9) raising all their grievances raised by them in the instant application as also which may have arisen subsequent to filing of the instant writ application within a period of two months from today.

10. In case such a representation is filed, the Vice

4/4 Chancellor shall proceed to issue notice to all persons concerned and decide the representation in accordance with law after hearing the parties within a period of two months of its filing.

11. It is made clear that the Court has not gone into the merits of the case of the petitioners which is to be decided by the respondent concerned.

12. The writ application stands disposed of.

(Partha Sarthy, J) jyoti/- U