BAIDYANATH SINGH Vs. CHANCELLOR UNIVERSITIES OF BIHAR

JUDGEMENT

(1.) SIX members of the teaching faculty of the Magadh University have preferred this writ petition to quash letter no. VC/Res/ 162/98, dated 3.7.1998 (Annexure -3), from the Vice Chancellor to the Chancellor, whereby the former has disagreed with the report of Shri R.C.P. Sinha to the effect thai respondent no. 5 (Dr. Baban Singh) was not qualified to be considered for the post of Principal and for a further direction to respondent no. 1 (the Chancellor of the Universities of Bihar, Patna) to ensure implementation of his order, whereby he has accepted the report of Shri R.C.P. Sinha.

(2.) PETITIONER no.1 herein had earlier preferred C.W.J.C. No. 3519 of 1995 with the prayer to quash the notification dated 21.4.1994 (Annexure -1 thereto), appointing a large number of persons as Principals in the Magadh University, in so far as the same related to Dr. Baban Singh (respondent no. 4 thereto, and respondent no. 5 herein) and to consider the case of the writ petitioner for appointment to the post of Principal. By the said notification, a large number of members of the teaching faculty of the Magadh University had been appointed to the posts of Principal under Magadh University service, and Dr. Baban Singh was appointed as Principal of T.P.S. College, Patna. Dr. Baban Singh (respondent no.4 therein) had entered appearance and filed his counter affidavit, paragraph 21 of which is relevant in the present context and is set out hereinbelow for the facility of quick reference. That it is submitted that there is no bar of appointment of an Advocate as Lecturer in an affiliated college. There is also no bar that a Lecturer of an affiliated college cannot practise in the Court. In this connection, it is stated that the respondent no.4 (Dr. Baban Singh) though appointed as Lecturer, never took any salary as a Lecturer from the college authorities, though performed his duties as Lecturer as simultaneously he was also practising during that period." (Emphasis added). C.W.J.C. No. 3519 of 1995 was disposed of by a learned Single Judge of this Court by order dated 6.8.1996, which is set out hereinbelow for the facility of quick reference. "Heard the parties. The petitioner has challenged the order dated 21st April, 1994 issued under the signature of Registrar, Magadh University so far as it relates to respondent no. 4 who has been appointed as Principal of T.P.S. College, Patna. Admitted position is that the qualification and experience for appointment to the post of Principal is a First or High Second Class Masters degee or equivalent degree of a foreign University with consistently good academic record and not less than 12 years teaching experience as a lecturers in a degree College/University Department. It is asserted that respondent no. 4 has been appointed as Principal on the basis that he has teaching experience of 12 years in a degree College at Aurangabad whereas according to the petitioner respondent no. 4 enrolled as an advocate was practicing as an Advocate since 11th January, 1983 to 1987. when he surrendered his certificate. Thus, the grievance of the petitioner is that though respondent no.4 does not possess the requisite qualification he has been appointed as Principal of the College. He has no teaching experience of 12 years as Lecturer. From the averments made in the writ application it appears that already two memorials have been filed under registered post on 24.4.1994 and 24.5.1994 before the Chancellor. In view of the fact that the matter is already pending before the Chancellor and the allegation made by the petitioner requires and enquiry into the matter as to whether respondent no. 4 has requisite teaching experience of 12 years or not. I am of the view that the matter at first instance should be considered and disposed of by the Chancellor. Accordingly, the Chancellor is directed to consider and dispose of the memorials filed before him within a period of four months from the date of production of a copy of this order. It will be open for the Chancellor to get the matter enquired into by any other agency before taking final decision on the point as to whether respondent no.4 has requisite teaching experience or not. To obviate the delay in the matter a copy of the memorial should also be filed along with the copy of this order before the Chancellor. With the aforesaid observation this application stands disposed of."

(3.) RESPONDENT no.3 disagreed with the enquiry report and the order of respondent no.1, stating that :"... It appears that the report submitted by Justice R.C.P. Sinha (Rtd.) is not based on material on record ... Dr. Baban Singh had requisite educational qualification and teaching experience as required for the post of Principal, ... may please be exonerated from the charges levelled against him", vide his letter dated 9.1.1998 (Annexure -C to the counter affidavit of respondent no.1). After a consideration of the objection of respondent no.3, he was informed that "...the Hon ble Chancellor after due consideration of the reply of the University has been pleased to call for an explanation from you as to why the order of the Hon ble Chancellor as communicated by the Secretariat letter no. 2805/G.S. (I), dated 26.9.1997, has not been complied with as yet", and the consequential direction to carry out the order without further delay vide communication dated 4.5.1998 (Annexure -D to the counter affidavit of respondent no.1). Respondent no.3 replied by his letter dated 3.7.1998 (Annexure -3) that "...I find myself unable to agree with the report of Justice Sinha ... After having given my anxious consideration I am of the opinion that Dr. Babban Singh has been legally and validly appointed by the aforesaid Commission as Principal of a college. "This was followed by another letter dated 25.10.1998 (Annexure -E to the counter affidavit of respondent no.1) from respondent no.3 tc respondent no.1, stating that ".. I still hold the view that Dr. Baban Singh was in continuous service of 12 years from 5.8.1980 to 24.8.1992 without any break and he had been paid first salary in the month of December 1986, after the college was made constituent unit on 1.12.1986, vide enquiry report of Dr. Nandji Kumar, the then Proctor of the Magadh University, who had been made enquiry officer to enquire and report on this issue."