Dr. Rameshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13128 of 2025 ====================================================== Dr. Rameshwar Rai Son of Sheo Mangal Rai, resident of Mohalla -Gariba Tola Balua, P.O. Motihari, P.S. Motihari Town, District- East Champaran at Motihari, presently working as Associate Professor, R.B.B.M. College, Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

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

3.

The Director Higher Education, Education Department, Government of Bihar, Patna.

4.

The Hon'ble Chancellor Universities, Bihar, Patna. 5.

The Principal Secretary to Governor, Governor's Secretariat, Bihar, Raj Bhavan, Patna.

6.

The Vice Chancellor, B.R.A. Bihar University, Muzaffarpur. 7.

The Registrar, B.R.A. Bihar University, Muzaffarpur. 8.

The Finance Officer, B.R.A. Bihar University, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Singh, Advocate For the State :

Mr. Sarvesh Kumar Singh, AAG- 13 For the BRAU :

Mr. Bindhyachal Rai, Advocate For the Chancellor :

Mr. R.K. Giri, Advocate Mr. Amish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 21-08-2025 Heard the parties.

2. The petitioner has preferred the present writ petition seeking issuance of a writ of mandamus directing the concerned respondent to shift the effective date of implementation of the statutes for appointment of Principal in

2/4 constituent colleges governed by Bihar State Universities Act, 1976 (as amended up to date) and Patna University Act, 1976 (as amended up to date) issued under the signature of respondent No. 5 by the order of the Hon'ble Chancellor vide notification contained in Memo No. BSU(Statutes)-14/2023647/GS(I) dated 03.05.2024 since the date of issuance of the UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in University and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 issued by the University Grant Commission vide notification dated 18th of July, 2018 in the Gazette of India not from the date of issuance of the notification dated 03.05.2024.

3. The petitioner further sought amendment of Clause 3.4 which deals with the tenure of the notification dated 03.05.2024 in terms with Clause 4.1(V)(B) of notification dated 18th of July, 2018 issued by the UGC. The petitioner also sought a direction to designate him as a Professor with effect from the date when the petitioner joined his parent organization i.e. R.B.B.M. College, Muzaffarpur under B.R.A. Bihar University after completion of his term as the Principal in terms with Clause 4.1(V)(B) of the notification dated 18th of July, 2018 as

3/4 also ensure all the benefits including the benefit of promotion to the post of Reader with effect from the due date.

4. Referring to the notifications dated 18.07.2018 and further dated 03.05.2024, learned Advocate for the petitioner tried to persuade this Court showing contradictory stand in both the notifications against each other.

5. For ventilating his grievance, the petitioner also approached before the learned Chancellor, Universities of Bihar, Patna by filing a detailed representation, a copy of which is marked as Annexures- P-28 and P-28/1.

6. Learned Advocate for the learned Chancellor and the University, in order to respond to the averments, seek a short adjournment.

7. Considering the nature of the grievance and the afore-noted fact that the petitioner has already approached before the learned Chancellor, Universities of Bihar, this Court deems it fit and proper to dispose off the writ petition with hope and expectation that the learned Chancellor shall take up the issue on priority basis and come out with an appropriate decision on the claim raised by the petitioner as contemplated under Annexures- P-28 and P-28/1 to the writ petition expeditiously.

4/4

8. With the aforesaid observation, the present writ petition stands disposed off.

(Harish Kumar, J) sauravkrsinha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.08.2025 Transmission Date NA