ARGHANAND SHARMA Vs. MAGADH UNIVERSITY, BODH GAYA

JUDGEMENT

(1.) Heard learned counsel for the petitioner; State; Magadh University (hereinafter referred to as the 'University') ; respondent no. 5 and Madhya Bihar Gramin Bank.

(2.) The petitioner has moved the Court for the following reliefs:

(3.) The petitioner and the respondent not 5 have been fighting over the issue as to who is the rightful Principal / Professor In-charge of Chandradeo Prasad Verma College, Simari, Bihta (hereinafter referred to as the 'College') in the district of Patna affiliated to Magadh University. The petitioner claims that initially he was appointed as Professor In-charge of the College by the Managing Committee. Thereafter, in the year 2002 the College Service Commission recommended the name of two persons for being appointed as Principal. The respondent no. 5 was at Sl. No. 1 and another person was at Sl. No. 2, whereas the petitioner was not in the list as he was never an applicant for the post. Thus, the respondent no. 5 was appointed as Principal on 25.02.2003 and the matter was referred to the University for approval, which was also granted. In the meantime, the respondent no. 5 moved the Court in C.W.J.C. No. 5613 of 2011 for being declared as Principal with a prayer that the petitioner may not be recognized as Professor In-charge as the respondent no. 5 had been legally appointed to the post of Principal and to direct the authorities to recognize him as Principal. The said writ petition was dismissed giving liberty to the respondent no. 5 to move before the Civil Court of Competent Jurisdiction for appropriate declaration. The respondent no. 5 moved in L. P.A. No. 123 of 2015 which was disposed off with liberty to challenge the cancellation of his approval, as by that time the University had also withdrawn approval on 16.09.2014, and it was observed that the order passed by the learned Single Judge in C.W.J.C. No. 5613 of 2011 dated 18.01.2012 will not come in his way to avail the remedy of writ petition against the action of withdrawn of approval. However, the respondent no. 5 again moved before the University and by order dated 08.05.2017, the respondent no. 5 was once again approved as Principal of the College by the University. The said notification is impugned in the present writ petition.