Writ application questioning appointment of junior as Professor Incharge was disposed. Court held petitioner elected statutory remedy under Act by approaching Chancellor first and lacked prima facie case to usurp Chancellor powers.
None; writ application disposed by requesting Hon'ble Chancellor to dispose matter.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13325 of 2012
====================================================== 1. Dr. Raj Kishore Mehra Son Of Late Amarnath Mehra Resident Of Imli Tal, P.S.- Danapur, District- Patna
.... .... Petitioner/s Versus 1. The Magadh University, Bodh Gaya Through Its Registrar 2. Vice Chancellor, Magadh University, Bodh Gaya 3. Registrar, Magadh University, Bodh Gaya 4. Principal, College Of Commerce, Patna 5. Dr. Shailendra Kumar Singh Son Of Not Known To The Petitioner Presently Working As Professor-In-Charge, College Of Commerce, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhinav Srivastava For the Respondent/s : Mr. Amar Nath Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 2 06-08-2012 Heard learned Counsel for the petitioner and the respondent University. The petitioner questions the order dated 14.8.2011 appointing respondent no. 5 as Professor Incharge for the College of Commerce, Patna. Learned Counsel for the petitioner submits that he is senior to respondent no. 5. Even if the arrangement was ad hoc the principle of seniority had to be followed. The petitioner may have moved the Hon’ble Chancellor, but that does not preclude the Court from exercising its discretionary jurisdiction, especially when the appointment of a junior as a Professor Incharge is a continuing wrong. Section 9 of the Bihar State Universities Act (hereinafter called the Act) cannot be a compelling bar to the maintainability of the writ application. Counsel for the University submits that the petitioner rightly invoked the jurisdiction of the Chancellor under Section 9(4) of the Act and
Patna High Court CWJC No.13325 of 2012 (2) dt.06-08-2012
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he cannot institute a writ application thereafter seeking to forego the earlier statutory remedy already invoked by him.
No person has a right to be appointed and/or posted as an Incharge Professor. The impugned notification was issued on 14.8.2011. The cause of action accrued to the petitioner on that date itself. Even assuming that it is a continuing wrong, as was contended, the petitioner could have invoked the jurisdiction of the writ court straightaway also when the Court may or may not have entertained him. There is no semblance of an explanation for challenging the same in the writ application filed one year later. Once the petitioner invoked the doctrine of election and opted to first move before the Hon’ble Chancellor on 26.5.2012, and thereafter in haste filed this writ application barely a month and half later, the Court is not persuaded in its discretionary jurisdiction to usurp the powers of the Hon’ble Chancellor.
On a conjoint reading of Sections 7(ii) and 9(4) of the Act, the Court is satisfied that the Hon’ble Chancellor has first jurisdiction in the matter. The Court requests the Hon’ble Chancellor to dispose the matter at his earliest convenience. An ad hoc arrangement by its very nomenclature is temporary in nature. It appears to have continued for over one year. The sooner it is brought to an end, better it is for all.
The writ application stands disposed.
(Navin Sinha, J)
Snkumar/-
2 issues framed by the court
Whether the High Court can exercise discretionary jurisdiction to interfere with an appointment of an Incharge Professor after the petitioner elected to approach the Hon'ble Chancellor under Section 9
Whether the principle of seniority entitles the petitioner to be appointed as Incharge Professor contrary to the notification appointing a junior.
3 provisions across 1 enactments
Dr. Raj Kishore Mehra
Magadh University, Bodh Gaya
Vice Chancellor, Magadh University, Bodh Gaya
Registrar, Magadh University, Bodh Gaya
Principal, College Of Commerce, Patna
Dr. Shailendra Kumar Singh
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
