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Patna High CourtCWJC/16229/2019disposed

Dr. Fazle Sarwar v. The State Of Bihar

2019-08-09Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16229 of 2019 ====================================================== Dr. Fazle Sarwar, Son of Late Zahiruddin, Permanent resident of villageGawandri, P.O.- Ram Chandrapur, P.S.- Thawe, District- Gopalganj and resides at Mohalla- Jangaliya, Kalisthan Road, Sasabhusa Flat, P.S. and P.O and Town and District Gopalganj. At present posted as Principal, Government Polytechnic, Munger.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Science and Technology Department, Government of Bihar, Patna.

3.

The Director, Science and Technology Department, Government of Bihar, Patna.

4.

The Principal Secretary, Finance Department, Government of Bihar, Patna. 5.

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

6.

The Special Secretary, Science and Technology Department, Government of Bihar, Patna.

7.

The Joint Secretary, Science and Technology Department, Government of Bihar, Patna.

8.

The Chairman, All India Council for Technical Education (AICTE), New Delhi.

9.

Sri Raveti Raman Jha, Principal - in -Charge, Government Polytechnic, Gopalganj and notified to take additional charge of the post of Principal, Brajkishore Narayan Singh Government Polytechnic, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok, Advocate For the Respondent/s :

Mr. Kameshwar Pd. Gupta (Gp10) For the AICTE : Mr. Kumar Brijnandan, Advocate Mr. Tarees Hameed, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-08-2019 Heard learned counsel for the petitioner and the respondents.

The petitioner is aggrieved by the order dated 04.07.2019, as contained in Annexure-1.

Patna High Court CWJC No.16229 of 2019(2) dt.09-08-2019 2/3 Grievance of the petitioner in the present writ application is that the respondent no. 9 has been granted additional charge of incharge Principal of Government Brajkishore Narayan Singh Government Polytechnic, Gopalganj in addition to his post of Principal, Government Polytechnic, Gopalganj.

Learned counsel for the petitioner submits that earlier the petitioner was holding the post of incharge Principal of Government Brajkishore Narayan Singh Government Polytechnic, Gopalganj and Government Polytechnic, Motihari. He further submits that the petitioner was transferred to Government Polytechnic, Munger.

There is no post of regular incharge Principal and it is only a working arrangement. The grievance of the petitioner is that he should have been allowed the additional post of incharge principal. In view of the above, there is no substance in the submission of the petitioner. It is accordingly rejected. However, the Court does not approve the attitude of the respondents in practicing adhocism. The respondents are accordingly directed to take steps for appointment/posting of regular principal in Government Polytechnic at the earliest preferably within a period of 45 days from today. After 45 days,

Patna High Court CWJC No.16229 of 2019(2) dt.09-08-2019 3/3 no person shall be allowed to hold the post of incharge Principal of Government Polytechnic as additional charge. With the aforesaid, this application stands disposed of. (Anil Kumar Upadhyay, J) uday/- U