MANORAMA SINHA Vs. SOVA MANDAL

JUDGEMENT

(1.) BY these appeals under clause 10 of the Letters Patent of the Patna High Court appellants Dr. Smt. Manoma Sinha and Magadh University through its Registrar have challenged the judgment of a learned Single Judge of this Court in C.W.J.C. No. 4781 of 1990.

(2.) IN the aforesaid case writ petitioner Shobha Mandal (respondent no. 1 herein) had challenged the validity of the order, as contained in letter dated 17.7.1990 where -by the Vice Chancellor, Magadh University had declared Dr. Smt. Manorama Sinha senior to the writ petitioner as also the letter dated 4.4.1991 whereby the decision of the Chancellor was communicated, confirming the order of the Vice Chancellor.

(3.) AS would appear from paragraph 26 of the impugned judgment in order to substantiate the grievance of the writ petitioner, different points were raised namely, (i) the question of seniority once finally settled cannot be reopened without giving notice to the petitioner ; (ii) the Vice Chancellor, has no power to review the earlier decision of the University regarding fixation of seniority vis -a -vis the petitioner and respondent no. 5 Manorama Sinha; (iii) the cadre of all constituent Collage of the Magadh University is not a combined cadre and a separate College wise cadre is in existence; (iv) a person loses seniority on being posted to another college on his/her request (v) whether a person transferred without a post is a deputation or nor and if it is a deputation there cannot be any question of seniority; (vi) whether respondent no. 5 Manorama Sinha would be deemed to be on deputation because Annexure 8 to the writ petition show that respondent no. 5 was working in the College in question not against any sanctioned post and (vii) whether respondent no. 5 having not challenged the seniority given to the petitioner Shobha Mandal by filing a representation before the Chancellor as contemplated under the law is now stopped from challenging the same on the principle of acquiscence.