CHANDRADEO PRASAD SINHA Vs. MAGADH UNIVERSITY

JUDGEMENT

(1.) Heard learned senior counsel for the petitioner, learned senior counsel for private respondent No. 4 and learned counsel representing Dr. B.K. Sinha, intervener, in I.A. No. 1498 of 2012 as well as learned counsel for the University. I.A. No. 1498 of 2012 is rejected in view of the nature of the order which is going to be passed by this Court.

(2.) Origin of the dispute is with regard to the continuance of the private respondent as Head of Department of Zoology and Dean of Magadh University at Bodh Gaya. According to the petitioner, the private respondent was notified to work as Head of Department by virtue of notification issued on 31.3.2008, contained in Annexure-5. He was also appointed as a Dean and notified as a Dean vide notification dated 23.8.2009, contained in Annexure-6.

(3.) The Statute does not permit continuance of such person indefinitely. As per the Statute the H.O.D. is supposed to hold the office for 3 years and Dean for 2 years. Thereafter it has to be rotated amongst senior most Professors and Readers of the Department concerned which would be evident from Statute No. BSU-26/ 2008-2155/GS(1) dated 30.6.2008 which is quoted herein below for ready reference;--