Dr. Sudhir Ranjan v. The Patliputra University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14304 of 2022 ====================================================== 1.

Dr. Sudhir Ranjan S/o- Premchand Resident of Village- Maghra, P.S.- Deepnagar, District- Nalanda.

2.

Dr. Satyendra Kumar Sinha, S/o- Late Ram Swaroop Prasad Sinha Resident of Bank Colony, Meharpar, Rana Bigha, Biharsharif, P.S.- Laheri, DistrictNalanda. ... ... Petitioner/s

Versus

1.

The Patliputra University Patna through its Registrar. 2.

The Vice Chancellor, Patliputra University, Patna. 3.

The Registrar, Patliputra University, Patna.

4.

Dr. Ashok Kumar, S/o- Not Known to the petitioner Presently Posted as Prof. In-charge, Kisan College, Sohsarai, Nalanda. 5.

Awadhesh Kumar Dwivedi, S/o- Not Known to the petitioner Presently Posted as Bursar, Kisan College, Sohsarai, Nalanda. 6.

Shivendra Kumar Singh, S/o Late Kaushlesh Kumar Singh Presently Posted as Accountant, Kisan College, Sohsarai, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ritesh Kumar, Advocate For the P.P.U.

:

Mr. Rana Vikram Singh, Advocate Ms. Rasika, Advocate For the Resp. No.4 :

Ms. Rishika Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 04-09-2024 Heard learned counsel for the parties.

2. The petitioners have challenged the notification dated 30.04.2022 issued by the Registrar, Patliputra University, Patna under Memo No. R/PPU/741/22, whereby the respondent no.4, who is a Professor In-charge of Degree College, Rajgir, has been appointed as Professor In-charge of Kisan College, Sohsarai, Nalanda.

Patna High Court CWJC No.14304 of 2022 dt.04-09-2024 2/3

3. Learned counsel for the petitioners contend that appointment of a Professor In-charge in a college is a stop-gap arrangement to enable such Professor In-charge to function as a principal of the college.

4. Though, it appears that essentially the writ petition has been filed for appointment as principal of the Kisan College, Sohsarai, Nalanda, but learned counsel for the petitioners has not been able to point out as to under which Rule, the Principal of a college under the University of Bihar is appointed.

5. At this stage, it has been pointed out by the learned counsel for the respondent no.4 that there are two petitioners in the present writ petition and there cannot be either two Professors In-charge or Principals of Kisan College, Sohsarai, Nalanda, for which both the petitioners can claim a right to those posts.

6. Under the circumstances, this writ petition appears to have been filed not for ventilation of the petitioners' right to hold either the post of Professor In-charge or Principal of the Kisan College, Sohsarai, Nalanda, but the same appears to have been filed motivated by the appointment of the respondent no.4 as Professor In-charge of the Kisan College, Sohsarai, Nalanda.

7. Since, no relief can be granted to both the

Patna High Court CWJC No.14304 of 2022 dt.04-09-2024 3/3 petitioners to function as either Professor In-charge or Principal of Kisan College, Sohsarai, Nalanda, insofar as, it challenges the appointment of the respondent no.4 as Professor In-charge of Kisan College, Sohsarai, Nalanda, this writ petition is hereby dismissed being of merit.

8. Insofar as, the prayer no.2 is concerned, which is for appointment of the petitioner no.1 as Professor In-charge, Kisan College, Sohsarai, Nalanda, the petitioner no.2 could not have joined the cause for appointment of the petitioner no.1 as Professor In-charge of Kisan College, Sohsarai, Nalanda.

9. Accordingly, this writ petition filed by the petitioner no.1 and petitioner no.2, insofar as the prayer no.2 is concerned which is for appointment of the petitioner no.1 as Professor In-charge of Kisan College, Sohsarai, Nalanda shall also stand dismissed for miss-joinder of the parties to the writ petition.

(Nani Tagia, J) Nilmani/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 05.09.2024 Transmission Date N/A