Dr. Sumitra Pradhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16046 of 2022 ====================================================== Dr. Sumitra Pradhan Wife of Sri Jai Prakash Narayan Rai, Resident of Opposite Ambassador Hotel, Buxar, Syndicate, P.O.- Buxar, P.S.- Buxar (T), District- Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Higher Education Government of Bihar, Patna.

2.

The Director, Higher Education Government of Bihar, Patna. 3.

The Vice Chancellor, Veer Kunwar Singh University, Arrah, DistrictBhojpur at Arrah, Bihar. 4.

The Registrar of Veer Kunwar Singh University, Arrah, District- Bhojpur at Arrah, Bihar.

5.

The Managing Committee/Governing Bodyof Lokmanya Balgangadhar Tilak College, (L.B.T. Collage), Buxar District Buxar, Bihar, through its Secretary namely Sri Balaram Rai (Retired Teacher) Dudhi Patti, Simari, P.O.- Simari, District- Buxar- 802135.

6.

The Chairman, Governing Body of L.B.T. Collage, Buxar, District Buxar, Bihar.

7.

Dr. Nibha Kumari the In-Charge Principal, L.B.T. Collage, Buxar, District Buxar, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Mishra, Advocate For the Respondent/s :

Mr. Smt. Binita Singh (SC-28) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-12-2023 The petitioner has filed the present writ application for quashing the memo no.1571 dated 24.09.2022 issued by the Registrar of Veer Kunwar Singh University, Arrah, Bihar, whereby approval has been granted by the University to the recommendation of governing body, dated 14.08.2022, by which

Patna High Court CWJC No.16046 of 2022(5) dt.14-12-2023 2/3 the respondent no. 7 has been made In-charge/Principal of the L.B.T. College, Buxar.

2. Learned counsel for the petitioner submits that the petitioner was appointed in the year 1990 having both, Post Graduate and Ph.D Degree. The petitioner is senior to respondent no. 7 inasmuch as the respondent no. 7 was appointed in the year 2010 and as on the date of her appointment, she was not having the Ph.D Degree and obtained the same in 2014. Referring to Annexure-5 learned counsel submits that certain criteria have been laid down by the Registrar of the University for appointment of the Principal of the affiliated college but in violation of the same, the respondent no. 7 has been made In-charge/Principal of the L.B.T. College.

3. Learned counsel for the respondent no. 7 submits that petitioner is not having the requisite qualification for the post of Principal.

4. Be that as it may, since the respondent no. 7 is working as In-charge/Principal, let a final decision be taken by the University for the post of Principal in the L.B.T. College in the light of Annexure-5 of the writ application.

5. The decision must be taken within a period of three months from the date of receipt/production of a copy of this

Patna High Court CWJC No.16046 of 2022(5) dt.14-12-2023 3/3 order.

(Anil Kumar Sinha, J) jyoti/- U