CHANCELLOR UNIVERSITIES OF BIHAR Vs. RAMESH CHANDRA

JUDGEMENT

(1.) THE three letters patent appeals have been filed against a common judgment rendered by the learned Single Judge of this Court on 19.4.2001, by which he has quashed the order of Chancellor of the Universities dated 8.4.2000, whereby the Chancellor has held that no further action should be taken by the Patna University after notification stated to have been issued on 31.3.2000 and further the agenda item dealing with promotion of teachers to the post of University Professor should be stayed till further orders. A copy of the said order has been annexed as Annexure 1 to the writ application.

(2.) THE factual matters lie in a narrow compass. The matter relates to promotion of teachers to the post of Professor. The question as to whether promotion is good or bad and shifting of their dates for the purpose of promotion are good or bad, is not the question before this Court. The only question which falls for determination in this case is as to whether the Chancellor has power to stay the proceedings of the University before passing final order in terms of section 10(4) of the Patna University Act. To appreciate the points it is necessary to quote section 10(4) of the Patna University Act, 1976 (hereinafter referred to as "the Act".).

(3.) THERE is no specific provision under section 10(4) of the Act authorising the Chancellor to pass interim orders before passing final order in exercise of powers conferred under section 10(4) of the Act. According to the writ petitioner -respondents, once this power is missing in the Act, the Chancellor cannot stay the proceedings of the University before passing the final order under section 10(4) of the Act. Any such exercise of power by the Chancellor will fall in the zone of arbitrariness.