Allowed

Kameshwar Prasad Singh v. the Patna University and Ors.

Patna HC3 Sept 2012L.P.A/640/2012

Case brief

AI extract

What is this about?

The High Court allowed a Letters Patent Appeal against the single Judge's dismissal of a writ petition challenging the appointment of a respondent as Dean of Faculty of Social Sciences. The bench held that the post is based on selection rather than seniority and dismissed the appeal.

What did the court decide?

Dismissal of the Writ Petition in the underlying Civil Writ Jurisdiction Case was affirmed; Letters Patent Appeal dismissed in limine due to misconception of law regarding seniority.

Kameshwar Prasad Singh Vs the Patna University… — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.640 of 2012

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Civil Writ Jurisdiction Case No. 21324 of 2011

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With

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Interlocutory Application No.3098 of 2012

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Letters Patent Appeal No.640 of 2012

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====================================================== Kameshwar Prasad Singh, S/o Late Devi Prasad Singh R/o Flat No. 202, Indu Nilay Apartment, Opposite Charminar Apartment, Road No. 11C, Rajendra Nagar, P.S.- Kadamkuan, Distt.- Patna

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.... .... Petitioner-Appellant

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Versus

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The Patna University through the Vice Chancellor, Patna University, Patna

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The Vice Chancellor, Patna University, Patna

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The Registrar, Patna University, Patna

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Prof. (Dr.) Mrs. Bharati S. Kumar, W/o not known to the petitioner at present appointed as Dean, Faculty of Social Sciences, Patna University, Patna.

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.... .... Respondents-Respondents ====================================================== Appearance : For the Appellant : Mr. Sharad Kumar Sinha, Advocate For the Respondent Univ.: Mr. Vivekanand Pd. Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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Patna High Court LPA No.640 of 2012 (8) dt.03-09-2012

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2 / 3

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8. 3-09-2012 Interlocutory Application No.3098 of 2012:

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The delay of two days occurred in filing the Letters Patent Appeal is condoned.

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Interlocutory Application stands disposed of. Letters Patent Appeal No.640 of 2012:

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Feeling aggrieved by the judgment and order dated 23^rd February 2012 passed by the learned single Judge in C.W.J.C. No. 21324 of 2011, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent.

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The appellant approached this Court under Article 226 of the Constitution to challenge the appointment of the respondent no.4 as the Dean, Faculty of Social Sciences, Patna University. According to the appellant, he is senior to the respondent no.4 in the cadre of Reader and also as a University Professor. The appellant, therefore, had a prior claim for appointment as the Dean, Faculty of Social Sciences. The learned single Judge has dismissed the writ petition. Therefore, this Appeal.

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We have heard the learned advocate Mr. Sharad Kumar Sinha appearing for the appellant extensively. The claim of the appellant is based on the belief that the appellant was senior to the respondent no.4 and that by virtue of his seniority he was entitled to appointment as the Dean, Faculty of Social Sciences. The learned single Judge has discussed the merits in extenso. We are of the opinion that the claim made by the appellant is wholly misconceived. Neither he was treated as senior to the respondent no.4 in the lower cadres of the University Professor and the Reader nor does the rule require that the senior most person be appointed as Dean of a Faculty. The

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Patna High Court LPA No.640 of 2012 (8) dt.03-09-2012

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3 / 3

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relevant statutes reproduced by the learned single Judge do provide for selection of the Dean by the Vice Chancellor from amongst the University Professors. Thus, it is a selection post and not a post to be filled in by seniority.

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No case for interference is made out.

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Appeal is dismissed in limine.

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(R.M. Doshit, CJ)

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(Ahsanuddin Amanullah, J)

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Pawan/-

Kameshwar Prasad Singh v. the Patna University and Ors.

Case brief

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Kameshwar Prasad Singh v. the Patna University and Ors.

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