Dr. Kanhaiya Rai v. The Veer Kunwar Singh University , Ara Through Its Registrar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14245 of 2018 ====================================================== Dr. Kanhaiya Rai Son of Late Kundan Rai, Resident of Village- Narayanpur P.O.- Balthari, District- Rohtas, Presently posted as Head of Department of Economics A. S. College, Bikramganj District- Rohtas. ... ... Petitioner/s

Versus

1.

The Veer Kunwar Singh University , Ara Through Its Registrar and Ors 2.

The Vice Chancellor, Veer Kunwar Singh University, Ara. 3.

The Registrar, Veer Kunwar Singh University, Ara. 4.

The Financial Advisor, Veer Kunwar Singh University, Ara. 5.

The Bursar, A.S. College Bikramganj District Rohtas. 6.

Dr. Sudhanshu Shekhar Bhaskaran, Prof-in-Charge, A.S. College Bikramganj, District- Rohtas.

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

For the Petitioner/s :

Mr.Harsh Anuj For the Respondent/s :

Mr.Prabhat Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-04-2019 The present writ petition has been filed for quashing the notification dated 12.7.2018 issued by the respondent no.3 whereby and whereunder the respondent no.6 has been appointed as Professor-in-charge of A.S. College, Bikramganj, replacing the petitioner herein.

At the outset, the learned Senior counsel appearing for the University has suggested that the matter may be remanded back to the Vice-chancellor of the University for reconsideration of the matter inasmuch as the notification dated 12.7.2018 has been issued, not only without hearing the petitioner herein but

Patna High Court CWJC No.14245 of 2018(4) dt.11-04-2019 2/3 also without application of independent mind, since the decision of the Vice-Chancellor is based on a legal opinion. The learned counsel for the respondent no.6 does not have any objection to the said offer made by the learned Senior counsel for the University, however, he submits that even if this Court quashes the said notification dated 12.7.2018, the respondent no.6 be allowed to hold the said post till the final decision is taken by the Vice Chancellor.

Having regard to the aforesaid submissions and the agreement arrived at in between the parties as also considering the fact that neither the petitioner nor the respondent no.6 have been granted any opportunity of being heard by the Vice Chancellor of Veer Kunwar Singh University nor the ViceChancellor has applied his independent mind, I deem it fit and proper to quash the notification dated 12.7.2018 passed by the Registrar of the Veer Kunwar Singh University and remand the matter back to the Vice Chancellor for reconsideration and passing of a fresh order, after hearing the petitioner and the respondent no.6 so that the legal issues involved in the present case can be thrashed out. It is directed accordingly. It is needless to state that the petitioner and the respondent no.6 shall appear before the Vice Chancellor of the

Patna High Court CWJC No.14245 of 2018(4) dt.11-04-2019 3/3 University and file an appropriate representation within a period of two weeks from today, whereafter the final decision shall be taken by the Vice Chancellor within a period of six weeks thereafter, after hearing the respective parties, however, in the meantime, the respondent no.6 shall continue on the post of Professor-in-charge of A.S. College, Bikramganj, till the passing of the final order by the Vice Chancellor.

The present writ petition stands disposed of with the aforesaid directions.

(Mohit Kumar Shah, J) Tiwary/- U