Patna High CourtCWJC/4457/2016dismissed

Om Prakash Gupta And ORS v. The State Of Bihar And ORS

2018-10-25Mr. Justice Ahsanuddin Amanullah7 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 13795 of 2015 Jai Shankar Kumar S/o Late Udit Roy R/o Gurmiya ( Purbi Tola ), P.O. Gurmiya, P.S. Kartahan, Distt. - Vaishali

1. The State of Bihar, through Chief Secretary, Govt. of Bihar at Patna

2. The Chief Secretary, Govt. of Bihar at Patna

3. The Principal Secretary Department of Personal Administrative Reform, Govt. of Bihar at Patna

4. The Principal Secretary, Department of Education, Bihar, Patna

5. The Deputy Secretary, Department of Education, Bihar, Patna

6. The Chairman, Bihar Public Service Commission, Patna

7. The Secretary, Bihar Public Service Commission, Patna

8. The Chairman, University Grant Commission, New Delhi

9. The Vice Chancellor, Patna University, Patna.

10. The Vice-Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur.

11. The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur.

12. The Vice Chancellor, Jai Prakash Narain University, Chapra.

13. The Vice Chancellor, Kameshwer Singh Sanskrit University, Dharbhanga.

14. The Vice Chancellor, Lalit Narain Mithila University, Darbhanga.

15. The Vice Chancellor, Magadh University, Bodh Gaya.

16. The Vice Chancellor, Veer Kuwar Singh University, Arrah.

17. The Vice Chancellor, Bhupendra Narain Mandal University, Madhepura. Civil Writ Jurisdiction Case No. 17681 of 2015

1. Punit Kumar, resident of Awadh Niwas, Bank Road, P.O.- Motihari, P.S.- Chhatauni, District- East Champaran.

2. Ajeet Kumar, S/o Shri Raghunath Prasad R/o Ambika Nagar Nahar Road, Near Paramba Press, P.S.- Banjaria, District- East Champaran.

1. The State of Bihar, through its Principal Secretary, Department of Education,

2. The Hon'ble Chancellor, Universities of Bihar, Bihar, Patna.

3. The Bihar Public Service Commission, through its Chairman, Jawaharlal Nehru Marg, Patna, Bihar.

4. The Secretary, the University Grant Commission, Bahadur Sah Zafar Marg, New Delhi-110002.

2/7 Civil Writ Jurisdiction Case No. 1770 of 2015

1. Dr. Sanjay Kumar Singh Son of Late Rajeshwar Prasad Singh Resident of House No. 51, Road No. 9C, Rajeev Nagar, P.O. Keshri Nagar, P.S. Rajeev Nagar, Patna - 800024

2. Dr. Santosh Kumar Sahay Son of Late Ram Vilas Prasad Resident of House No.W.A. 2G/3, Ram Krishna Niketan, Mohalla Alkapuri, P.O. Anisabad, P.S. Gardanibagh, Patna 800002

1. The Hon'ble Chancellor of Universities of Bihar Raj Bhawan, Patna

2. The State of Bihar through Principal Secretary Cum Commissioner, Education Department, Government of Bihar, Patna

3. The Principal Secretary Cum Commissioner, Education Department, Government of Bihar, Patna

4. The Bihar Public Service Commission through its Secretary, 15, Jawahar Lal Nehru Marg ( Bailey Road ), Patna - 1

5. The Chairman, Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg ( Bailey Road ), Patna - 1

6. The Secretary, Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg ( Bailey Road ), Patna - 1

7. The University Grants Commission through Secretary, University Grant Commission, Bahadur Sah Zafar Marg, New Delhi 110002

8. The Secretary, the University Grants Commission, Bahadur Sah Zafar Marg, New Delhi 110002 Civil Writ Jurisdiction Case No. 20236 of 2014 Rajesh Sharma Son of Sri Lal Narayan Sharma Resident of A/32, P.C. Colony, Kankarbagh, Patna, Presently Residing at Flat No. 09, Krishna Kunj Old Thana Naka Road, Panvel, Navi Mumbai, District - Raigad, State - Maharastra, -410206.

1. The Honble Chancellor Universities of Bihar, Raj Bhawan, Patna.

2. The State of Bihar through Principal Secretary cum Commissioner, Education Department, Government of Bihar, Patna.

3. The Principal Secretary cum Commissioner, Education Department, 3A. The Bihar Public Service Commission through, its Secretary 15, Jawahar Lal Nehru Marg (Baily Road), Patna-1.

4. The Chairman, Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg (Bailey Road), Patna-1.

5. The Secretary, Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg (Bailey Road), Patna 1.

6. The University Grants Commission through Secretary, University Grant

3/7 Commission, Bahadur Sah Zafar Marg, New Delhi-110002.

7. The Secretary, the University Grants Commission, Bahadur Sah Zafar Marg, New Delhi - 110002.

Civil Writ Jurisdiction Case No. 17688 of 2015 Suman Kumar Sinha Son of Ashwini Kumar Sinha, Resident of Railway Colony, O.T. Para, Quarter No. 770/C, P.S. Katihar, Post Office H.P.O. Katihar, District Katihar, PIN 854105.

1. The Hon'ble Chancellor, Universities of Bihar, Raj Bhawan, Patna.

2. The State of Bihar through Principal Secretary cum Commissioner, Education Department, Government of Bihar, Patna.

3. The Principal Secretary cum Commissioner, Education Department,

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

5. The Bihar Public Service Commission through its Secretary, 15, Jawahar Lal Nehru Marg, (Bailey Road), Patna1.

6. The Chairman, Bihar Public Service Commission,15, Jawahar Lal Nehru Marg, (Bailey Road), Patna1.

7. The Secretary, Bihar Public Service Commission,15, Jawahar Lal Nehru Marg, (Bailey Road), Patna1.

8. The University Grants Commission through Secretary, University Grant Commission, Bahadur Sah Zafar Marg, New Delhi 110002.

9. The Secretary, the University Grants Commission, Bahadur Sah Zafar Marg, New Delhi 110002.

Civil Writ Jurisdiction Case No. 799 of 2015

1. Sanjay Kumar Verma Son of late Dr.Nagendra Nath Saran Verma, Resident of Flat No. 302, Baidehi Niwas, Rose Bud Lane, Opposite A.N.College, Boring Road, Patna 800013

2. Rajesh Kumar Son of Sri Narendra Kumar, Resident of X-12, Ashiana Nagar, Phase-I, Patna 800025

1. The Hon'ble Chancellor Universities of Bihar, Raj Bhawan, Patna.

2. The State of Bihar through Principal Secretary cum Commissioner, Education Department, Government of Bihar, Patna

3. The Principal Secretary cum Commissioner, Education Department, Government of Bihar, Patna.

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4. The Bihar Public Service Commission through its Secretary, 15 Jawahar Lal Nehru Marg (Bailey Road), Patna1

5. The Chairman, Bihar Public Service commission 15 Jawahar Lal Nehru Marg (Bailey Road), Patna1

6. The Secretary, Bihar Public Service commission, 15 Jawahar Lal Nehru Marg (Bailey Road), Patna1

7. The University Grants commission through Secretary, University Grant Commission, Bahadur Sah Zafer marg, New Delhi 110002.

8. The Secretary, the University Grants Commission, Bahadur Sah Zafer Marg, New Delhi 110002.

Civil Writ Jurisdiction Case No. 4457 of 2016

1. Om Prakash Gupta S/o Sri Yogendra Prasad resident of Village and P.O.- Gulwara, P.S.- Gulwara, Madhuban, District- East Champaran, Bihar.

2. Ajit Kumar Sharma S/o Ram Sakal Thakur, resident of Village- P.O. and P.S.- Kesariya, District- East Champaran.

3. Dhananjay Kumar S/o Sri Ramanand Singh resident of Village- P.O. & P.S.- Mahadeo Simaria, District- Jamui.

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

2. The Chancellor, Universities of Bihar, Patna.

3. The Principal Secretary, Human Resources Development Department,

4. The Director, Human Resources Development Department, Bihar, Patna.

5. The Bihar Public Service Commission through its Secretary, 15, Jawahar Lal Nehru Marg, (Bailey Road), Patna.

6. The Chairman, the Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg, (Bailey Road), Patna.

7. The University Grant Commission through its Secretary, Bahadur Shah Zafar Marg, New Delhi- 110002.

Appearance :

(In CWJC No.13795 of 2015) For the Petitioner/s :

Mr. Amresh Kumar Sinha, Advocate For the State :

Mr. Subhash Chandra Mishra, S.C. 16 Mr. S. Kumar, A.C. to S.C. 16 For the L.N.M.U.

Mr. Md. Nadim Seraj and Mr. Shailesh Kumar, Advocates For the T.M.B.U.

Mr. Ashhar Mustafa, Advocate For the B.N.M.U.

Mr. Shashi Bhushan Singh, Advocate For the U.G.C.

Mr. Deepak Kumar, Advocate For the J.P.U.

Mr. Nagendra Kumar Singh, Advocate

5/7 For the B.R.A.B.U.

Mr. Zaki Haider, Advocate For the B.P.S.C.

Mr. Sanjay Pandey, Advocate For the M.U.

Mr. Shivendra Kishore, Sr. Advocate (In CWJC No.17681 of 2015) For the Petitioner/s :

Mr. Shashi Bhushan Kumar, Advocate For the State :

Mr. Sunil Kumar, A.C. to G.P. 11 For the University :

Mr. Samir Kumar, Advocate (In CWJC No.1770 of 2015) For the Petitioner/s :

Mr. Atul Kumar Pandey, Advocate For the B.P.S.C.

Mr. Zaki Haider, Advocate For the U.G.C.

Mr. Hare Bhaskar Gitesh and Mr. P. C. Agrawal, Advocates For the State :

Mr. Subhash Chandra Mishra, S.C. 16 (In CWJC No.20236 of 2014) For the Petitioner/s :

Mr. Dr. Sanjay Kumar Singh, Advocate For the State :

Mr. Sunil Kumar Mandal, S.C. 3 Mr. Arjun Prasad, A.C. to S.C. 3 (In CWJC No.17688 of 2015) For the Petitioner/s :

Mr. Dr. Sanjay Kumar Singh For the U.G.C.

Mr. Hare Bhaskar Gitesh and Mr. P. C. Agrawal, Advocates For the State :

Mr. Subhash Chandra Mishra, S.C. 16 (In CWJC No.799 of 2015) For the Petitioner/s :

Dr. Sanjay Kumar Singh, Advocate For the State :

Mr. S. Rahman, A.C. to G.P. 24 Mr. Subhash Chandra Mishra, S.C. 16 For the B.P.S.C.

Mr. Sanjay Kumar, Advocate For the U.G.C.

Mr. Hare Bhaskar Gitesh and Mr. P. C. Agrawal, Advocates (In CWJC No.4457 of 2016) For the Petitioner/s :

Mr. Subodh Kumar Jha and Mr. Bidhan Chandra Jha, Advocates For the State :

Mr. Muitabaul Haque, G.P. 12 Mr. Manish Kumar, A.C. to G.P. 12 CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 25-10-2018 Heard learned counsel for the petitioners; State, University Grants Commission; Patna University; B.R.A. Bihar University; T.M. Bhagalpur University; J. P. University; K.S.D. Sanskrit University; L.N. Mithila University; Magadh University; Veer Kunwar Singh University and B.N. Mandal University.

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2. The matters related to the question of equivalence of Masters in Political Science and Masters in Public Administration.

3. On the prevision occasions, the Court required the authorities to take a comprehensive stand and reconsider the matter. In light of the orders of the Court, the State had constituted a Committee to go into the issue of equivalence of subjects of Political Science and Public Administration and also taking into account the public notice issued by the University Grants Commission dated 4th July, 2018.

4. 3rd supplementary counter affidavit has been filed on behalf of respondents no. 4 and 5 bringing on record the proceeding of the Expert Committee meeting held on 17.09.2018. The Committee consisted of the Vice Chancellor of the Patna University as Chairman; Head of the Department of Political Science, Patna University as subject expert; Dr. Randhir Singh, the ex-Head of the Department of Public Administration, A. N. Singh College, Patna and the Director Higher Education as member Secretary of the Committee.

5. From the records it transpires that matter has been considered and discussed in detail considering the various facets of the academic curriculum in Political Science and Public Administration. The recommendation of the Committee is that only such eligible candidates who had Political Science at Post Graduate Level as a subject be recruited as Political Science Teachers in the

7/7 Universities of Bihar.

6. Thus, in effect, the Masters degree in Public Administration has not been found to be good enough for recruitment to the post of Political Science Teachers in the Universities of Bihar.

7. Without going into the merits of the matter, since the Expert Body, which is competent to consider such matter, has deliberated the issue in detail and has given a finding, the Court finds no occasion to interfere in the matter.

8. Accordingly, the writ petitions stand dismissed.

9. However, the same shall not preclude the petitioners from pursuing the matter before the appropriate authorities, in accordance with law, if they so desire.

10. It goes without saying that with the dismissal of the writ petitions, the interim order dated 31.07.2018 also stands vacated. (Ahsanuddin Amanullah, J) P. Kumar AFR/NAFR U