BAIDYANATH SINGH Vs. CHANCELLOR, UNIVERSITIES OF BIHAR

JUDGEMENT

(1.) This writ application has been filed challenging the order passed by the Chancellor of Universities, Bihar contained in Annexure-9 by which the Chancellor has reviewed the order passed on 27.8.2003 in which the Vice-Chancellor of the Magadh University was directed to relieve the petitioner from the post of Principal in terms of the order of this Court passed on 23.4.2003 in CWJC No. 6626 of 2000.

(2.) I will directly refer to the order of this Court dated 23.4.2003 which sets out the facts connected with this case. The petitioner' Baidyanath Singh and Ors. had come to this Court for quashing the order of the Vice-Chancellor of the Magadh University. The dispute arose when the respondent no. 5 Dr. Baban Singh was appointed as the Principal of T.P.S. College, Patna. At that stage, the petitioners and others had also applied for appointment to the post of the Principal. The order appointing respondent no. 5 as a Principal was challenged on the ground that the respondent no. 5 did not possess the required qualifications to be appointed as the Principal, as he did not have 12 years of teaching experience as a Lecturer. The contention of the petitioners was and is that the respondent no. 5 had enrolled himself as an advocate and was practicing law for a period of one and a half years. The stand of the respondent no. 5 is that there is no bar that a Lecturer of an afilliated college cannot practice in the Court. It was stated that although he was appointed as a Lecturer, he never took any salary as a Lecturer from the college authorities though he performed his duty as a Lecturer simultaneously as he was practicing during that period.

(3.) The matter of appointment of the respondent no. 5 was first challenged by filing CWJC No. 3519 of 1995. This Court after noting down the facts, held that since the matter was pending before the Chancellor, it would be proper that view of the Chancellor should come on record, before this Court entered into the merits of the case. The Chancellor requested Shri R.C.P. Sinha, a retired judge to conduct an enquiry as to whether Dr. Baban Singh had 12 years of teaching experience before he was appointed in the T.P.S. College, Patna. The finding came against the respondent no. 5. The Chancellor accepted the report and directed the Vice-chancellor to take action against respondent no. 5 and to remove him from the post of the Principal. The respondent no. 3 the Vice-chancellor disagreed with the findings of Justice R.C.P. Sinha (Retd.) and informed the Hon'ble Chancellor accordingly. The Hon'ble Chancellor called for an explanation from the Vice-chancellor. The matter kept travelling up and down but ultimately it appears that respondent no. 5 was merely transferred from one college to the other.