Dr. Raj Kumar Madhudar And ORS v. Veer Kunwar Singh University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1556 of 2015 In Civil Writ Jurisdiction Case No.8597 of 2010 Dr. Jawahar Lal, working as Principal, D.K. College, Dumraon Dr. Navin Kumar, working as Principal, G.B. College, Ramgarh Dr. Kanhaiya Prasad Sinha , working as Principal, S.B.College, Ara. Dr . Shailendra Kr. Ojha, working as Principal J. L. N. College, Dehri - On - Sone Veer Kunwar Singh University, Ara through its Registrar Vice Chancellor, Veer Kunwar Singh University, Ara Chancellor, Raj Bhawan, Patna The State of Bihar, through the Secretary Higher Education, Human Resources Development Department Dr. Anil Kumar Singh, working as Principal, S.V.P. College, Bhabua Dr. Lalit Sagar, working as Principal. J.J. College, Ara Dr. Janeshwar Singh , working as Principal, H.D. Jain College, Ara Dr. Himanshu Sharma, working as Principal, M.M.

Mahila College, Ara Dr. Satish Narayan Lal, working as Principal, A.S. College, Bikramganj Dr. Abha Singh, working as Principal, Rohtas Mahila College, Sasaram Dr. Raj Kumar Madhukar, working as Principal, S.N. College, Shahmal Kairadeo Dr. Rajendra Prasad Singh, working as Dean Studentand8223s Welfare, V.K.S. University, Ara.

Dr. Narendra Kumar, R/o Flat No. 203, Servakunj Apartment, Mahesh Nagar, P.S.- Patliputra, Patna, District - Patna Dr. Mithilesh Kumar Pandey, S/o Sri Radha Mohan Pandey, Professor and Head, Deptt. of Botany, Maharaja College , Ara and resident of Mohalla - Maharajahata, P.O. and P.S. Nawada Ara, District - Bhojpur with Letters Patent Appeal No. 1567 of 2015 In Civil Writ Jurisdiction Case No.8597 of 2010 Dr. Raj Kumar Madhudar and Ors Son of Late Mishri Rajak Working as Principal, Resident of Mohalla - New Gangoli, Thakurbari Road, Kali Sthan, Dalmiya Nagar, P.S. Dehri - On - Sone, District - Sasaram

2/6 Dr. Satish Narayan Lal Son of Late Shivnarayan Lal, Working as Principal, Resident of Mohalla - Alkapuri, P.S. Gardanibagh, District - Patna Dr. Narendra Kumar Son of Sahdeo Narayan Singh Resident of Flat No. 203, Servakunj Apartment, Mahesh Nagar, P.S. Patliputra, Patna District - Patna Veer Kunwar Singh University, Ara through its Registrar The Vice - Chancellor, V.K.S. University, Ara The Chancellor, Raj Bhawan, Patna The State of Bihar through Secretary Higher Education , Human Resources Development Deparment, Govt. of Bihar, Patna Dr. Mithilesh Kumar Pandey Son of Shri Radhamohan Pandey, Professor and H.O.D. of Botany, Maharaja College, Ara Resident of Mohalla - Maharaja Hata, P.O. P.S. Nawada Ara , District - Bhojpur Dr. Anil Kumar Singh then Working as Principal, S.V.P. College, Bhabua Dr. Lalit Sagar, Principal J.J. College, Ara, At Present Associate Professor, Department of Geography.

Dr. Jawahar Lal the then Working as Principal D.K. College, Dumraon Dr. Janeshwar Singh, the then Working as Principal H.D. Jain College, Ara, Retired Dr. Himanshu Sharma then Working as Principal, M.M. Mahila College Ara. Dr. Navin Kumar the then Working as Principal G.B. College, Ramgarh, At Present M.V. College, Buxar Dr. Abha Singh, The then Working as Principal Rohtas Mahila College, Sasaram Dr. Kanhaiya Prasad Sinha, the then Working as Principal S.B., College Ara, At Present J.L.N. College.

Dr. Rajendra Prasad Singh, the then Working as dean Student Wlfare, V.K.S. University, Ara.

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Dr. Shailendra Kumar Ojha, the then Working as Principal, J.L.N. College Dehri - On - Sone.

with Letters Patent Appeal No. 1715 of 2015 In Civil Writ Jurisdiction Case No.8597 of 2010 Dr. Abha Singh, at present working as Principal, Rohtas Mahila College, Sasaram (Rohtas).

Dr. Anil Kumar Singh, Working as Principal, S.V.P. College, Bhabhua.

3/6 Dr. Rajendra Prasad Singh, Working as Dean of Student's Welfare, V.K.S. University, Ara. All since Dr. Mithilesh Kumar Pandey S/o Shree Radhey Mohan Pandey, Professor and Head Deptt. of Botany, Maharaja College, Ara and resident of MohallaMaharajahata, P.O. and P.S. Nawada Ara, District- Bhojpur. Veer Kunwar Singh University, Ara through its Registrar. Vice Chancellor, V.K.S. University, Ara.

Chancellor, Raj Bhawan, Patna.

The State of Bihar, through the Secretary Higher Education, Human Resources Development Department Dr. Lalit Sagar, Working as Principal J.J. College, Ara. Dr. Jawahar Lal, Working as Principal, D.K. College, Dumraon. Dr. Janeshwar Singh, Working as Principal, H.D. Jain College, Ara. Dr. Himanshu Sharma, Working as Principal, M.M. Mahila College, Ara. Dr. Navin Kumar, Working as Principal, G.B. College, Ramgarh. Dr. Satish Narayan Lal, Working as Principal, A.S. College, Eikramganj. Dr. Kanhaiya Prasad Sinha, Working as Principal, S.B. College, Ara. Dr. Raj Kumar Madhukar, Working as Principal, S.N. College, Shahmal Kairadeo.

Dr. Shailendra Kr. Ojha, Working as Principal, J.L.N. College, Dehri-OnSone. 15.

Dr. Narendra Kumar null R/o Flat No.203, Servakunj Apartment, Mahesh Nagar, P.S. Patliputra, Patna, District Patna.All since removed by Notification bearing memo No. 503 dated 13.8.2015 of the Veer Junwar Singh University, Ara.

Appearance :

(In Letters Patent Appeal No. 1556 of 2015) For the Appellant/s :

Mr. Abhinav Srivastava, Advocate Mr. Amresh Kumar Singh, Advocate For the Respondent/s :

Mr. P. K. Verma, Sr. Advocate For the University :

Mr. Rajesh Prasad Choudhary, Advocate (In Letters Patent Appeal No. 1567 of 2015) For the Appellant/s :

Mr. Amaresh Kumar Singh, Ad For the Respondent/s :

Mr. Lalit Kishore, PAAG (In Letters Patent Appeal No. 1715 of 2015) For the Appellant/s :

Mr. Jitendra Singh, Sr. Advocate Mr. Abhinav Srivastava, Advocate Mr. Amresh Kumar Singh, Advocate Mr. Harsh Singh, Advocate For the Respondent/s :

Mr. Rajesh Prasad Choudhary, Advocate For the University :

Mr. Kinkar Kumar, Advocate

4/6 CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 18-01-2023 None appears for the respondent-Dr. Mithilesh Kumar Pandey.

2. On 24.11.2022, the following order was passed:- "Heard the matter for sometime.

Perusal of the records it is evident that respondents who were petitioner have sought for the following relief:- "That the present memo of appeal has been preferred against the order and judgment dated 24/07/2015 passed by Hon'ble Mr Justice Chakradhari Sharan Singh in C.W.J.C.

No. 8597/2010, by which, while allowing the said writ application, the appointment of the respondent/appellants against the posts of Principals in different constituent colleges under the Veer Kunwar Singh University, Ara (hereinafter referred to as "the University") has been quashed and directions for carrying out fresh process of selection for appointment of Principals in the services of the University have been issued."

In the absence of challenge to the final select list of Principal or selection by the committee, the respondents proceeded to challenge order of appointment issued in favour of the respondent in the writ petition or

5/6 appellants before this Court.

During pendency of the writ petition the first two petitioners' name have been deleted from writ proceedings on 11.03.2014.

Therefore, the present lis is only against Dr. Mithilesh Kumar Pandey.

Learned counsel for the respondentDr. Mithilesh Kumar Pandey is hereby directed to apprise this Court with reference to any judicial pronouncements in the absence of challenge to the select list whether candidate can question the order of appointment or not?

Re-list this matter on 08.12.2022."

2. Thereafter at the request of learned counsel for the concerned respondent, the matter was adjourned on 12.01.2023 vide order dated 08.12.2022.

3. The learned counsel for the respondent-Dr. Mithilesh Kumar Pandey is not present and he has also not furnished any material to show that the appointment order could be challenged without challenging the final select list. Therefore, the appellant has made out a case so as to interfere with the order of the learned Single Judge dated 24.07.2015 passed in C.W.J.C. No. 8597 of 2010. Accordingly, order of the learned Single Judge dated 24.07.2015 passed in C.W.J.C. No. 8597 of 2010 filed on behalf of Dr. Mithilesh Kumar Pandey is set aside and C.W.J.C. No. 8597 of 2010 is hereby rejected.

4. The L.P.A. No. 1556 of 2015 stands allowed.

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4. In the light of the order passed in L.P.A. No. 1556 of 2015, the remaining L.P.A. No. 1567 of 2015 and L.P.A. No. 1715 of 2015 also stands allowed.

(P. B. Bajanthri, J) ( Arun Kumar Jha, J) Ashish/- AFR/NAFR CAV DATE NA Uploading Date 23.01.2023 Transmission Date