RAI MURARI Vs. PATNA UNIVERSITY

JUDGEMENT

(1.) Private Respondent No. 4 was appointed as a Principal of what is known as Bihar National College (B.N. College), Patna, which is stated to be a constituent college of Patna University. The notification by virtue of which the private Respondent came to be appointed is dated 3.6.2009 and is Annexure-3 to the writ application. This notification has been is sued under the so called orders of the Vice-Chancellor of Patna University under the signature of the Registrar of Patna University. His appointment is under challenge in the present writ application on many a grounds but primarily that Respondent's appointment is not in accordance with the Patna University Act, 1976 and the related statutes notified from time to time as also that Respondent No. 4 lacks basic eligibility in terms of the advertisement.

(2.) Petitioner No. 1 is stated to be a Professor of Economics working under Patna University and Petitioner No. 2 is a Professor and Head of Department of Geology in B.N. College and both of them were applicants to the post and have vital interest in the matter as to who and how he is occupying the post of a Principal of the College in question. Whether he has the requisite qualification coupled with the fact whether such selection or appointment is in conformity with law or not as according to them the selection has been carried out in an illegal and capricious manner.

(3.) B.N. College is a premier institution imparting teaching in a number of disciplines under the Science and Arts stream for over 121 years. It became a constituent college under Patna University after the enactment of Patna University Act, 1951. According to the pleadings, the teaching imparted in the College is of under graduate and post graduate level, basically relating to the general stream with No. specialized courses as such being offered. One of the first and foremost contention against the appointment of Respondent No. 4 is that he does not come within the definition of a teacher as defined under Section 2(r) of the Patna University Act, 1976. Section 2(r) of the Act reads as follows: