Dr. Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12056 of 2025 ====================================================== Dr. Bhushan Singh Assistant Professor (English), Purvottar Railway Mahavidyalay, J.P. University, Sonpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Old Secretariat Patna. 2.

The Chancellor, (J.P. University, Chapra, Saran), Governor Houset, Patna, Bihar.

3.

The Vice Chancellor, Jai Prakash University, Rahul Sankrityyayan Nagar, Chapra, (Saran), Bihar.

4.

The Divisional Railway Manager, E.C. Railway, Govt. of India, Sonpur, (Saran), Bihar.

5.

The Registrar, Jai Prakash University, Rahul Sankrityyayan Nagar, Chapra (Saran), Bihar.

6.

The Superintendent of Police, Saran, (Bihar). 7.

The Sub-Divisional Officer, Ex-Officio Secretary, Purvottar Railway Mahavidyalay, J.P. University, Chapra, (Saran), Bihar. 8.

The SHO, Sonpur Police Station, Saran, Bihar. 9.

Dr. Upendra Kumar Singh, The Prof. In Charge, Purvottar Railway Mahavidyalay, J.P. University, Sonpur, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kameshwar Prasad Sinha, Adv.

Mr. Bindhyachal Rai, Adv.

For the JPU :

Mr. Chandan Kumar, Adv.

For the State :

Dr. Md. Raisul Haque, SC 10 Mr. AC to SC 10 For Res. No. 9 :

Mr. Arvind Kr. Sinha, Adv.

Mr. Gyan Prakash, Adv.

======================================================= CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 18-11-2025 Heard learned Advocates for the petitioner and learned Advocates for the State as well as the University.

2. The challenge in the present writ petition is made to an order dated 30.12.2024 as contained in Annexure-1, whereby the respondent No. 9, who stands at sl No. 40 of the seniority

2/4 list of Assistant Professor, has been appointed as Incharge Principal/Professor, ignoring the seniority of the petitioner and all the rules and regulations.

3. Learned Advocate for the petitioner submitted that despite the fact the petitioner being senior most Assistant Professor of the College in question as is evident from the seniority list of working teachers published by the College, where the name of the petitioner stands at sl No. 13, having his date of joining 02.05.1986, whereas private respondent stands at sl No. 40 and the date of his joining is said to be 06.01.1993; nonetheless, he has been appointed as Incharge Principal of the college.

4. A counter affidavit has been filed on behalf of the University stating therein that on receipt of a complaint wherein allegation was made that ignoring the rule framed by the Hon'ble Chancellor contained in letter No. 43/2023-1460 dated 05-09-2024 and University letter No. 4972 dated 01-01-2021 junior teacher has been made In-charge of the college by the Committee due to which the educational environment of the college has been disturbed. The Registrar of the University vide its letter no.1960 dated 03-01-2025 asked the Secretary of the Ad-hoc Committee of the College to take immediate steps to

3/4 restore educational environment of the college and appoint appropriate person as In-charge of the college. Despite the aforesaid direction, educational environment of the college is not restored rather protest and agitations in the college is reported due to which classes in the college have been completely stalled. Further there is allegation of financial irregularities which led to constitution of a fresh Ad-hoc Committee by cancelling the earlier Committee in terms with the power vested in the Vice Chancellor under Section 10 (2) and Section 60 of Bihar State Universities Act, 1976, as well as under Clause 28 of Statute 32 of the Service Statutes of University.

5. Learned Advocate for the respondent No. 9 refuted the aforesaid contention and submitted that the respondent No. 9 being the senior most Assistant Professor of the college in question has been assigned the post of Incharge Principal. Moreover, the petitioner was remained absent for a long time, whereupon the present decision has been taken.

6. Be that as it may, considering the fact that in pursuant to the direction of the Vice Chancellor, a fresh Ad-hoc Committee has been constituted, this Court directs the Register of the University to place the entire matter before the duly

4/4 constituted Ad-hoc Committee, who shall consider the claim of seniority of the petitioner, viz-a-viz, private respondent No. 9, and pass a reasoned and speaking order within a period of four weeks.

7. The writ petition stands disposed.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 19.11.2025 Transmission Date