(1.) Since both the Letters Patent Appeals arise out of the same judgement dated 4-5-2011 allowing CWJC no. 8141/2010, they have been heard together and are being disposed of by this common judgment.
(2.) The main dispute is on account of appointment of appellant Subhash Prasad Sinha and appellant Arvind Kumar on the post of Vice Chancellor of Veer Kunwar Singh University, Ara and Magadh University, Bodh Gaya vide orders of appointment dated 9-4-2010 and 15-4-2010 respectively which have been issued by the Principal Secretary to the Governor- cum- Chancellor under the orders of the Chancellor, the appointing authority u/s 10 (2) of the Bihar State Universities Act, 1976 (hereinafter referred to as the "Act"). The real controversy between the parties is whether it is necessary or mandatory for the Chancellor to appoint Vice Chancellor in consultation with the State Government and whether there was such a consultation as provided u/s 10 (2) of the Act for appointing the appellants as Vice Chancellors. The writ court has held that the requirement of consultation is mandatory and there was no consultation for appointment of the appellants and, hence, their appointments are fit to be quashed as void ab initio.
(3.) Since the main controversy and vital issues relate to Sub-section (1) and (2) of Section 10 of the Act, it will be useful to extract the same for easy reference.
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