Disposed

Dr.Ashok Daulatram Bhagat Sing v. the Vice Chancellor,Lalit Nara

Patna HC9 Aug 2012CWJC/4483/2012

Case brief

AI extract

What is this about?

This order arises in a challenge to the appointment of Dr. Kamla Prasad Singh as Dean of the Faculty of Dental Science. The court left all questions of law open for consideration while directing the University to reconsider the petitioner's claim within six weeks.

What did the court decide?

The University is directed to reconsider the petitioner's claim and pass a reasoned and speaking order within six weeks.

Dr.Ashok Daulatram Bhagat Sing Vs the Vice… — Service and Employment | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4483 of 2012

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====================================================== 1. Dr. Ashok Daulatram Bhagat Singh Son Of Daulatram Sadashiv Bhagat Singh Resident Of Prinipal Quarter, Mithila Minority Dental College And Hospital Campus, Laheriasarai, Darbhanga .... .... Petitioner/s Versus 1. The Vice Chancellor, Lalit Narayan Mithila University, Darbhanga 2. The Registrar, Lalit Narayan Mithila University, Darbhanga 3. Dr. Kamla Prasad Singh Saryug Dental College, Laheriasarai, Darbhanga .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Nadim Seraj, Adv. For the Respondent/s : Mr. Ajay Behari Sinha Mrs. Nivedita Nirvikar, Adv. Mr.Siyaram Sahi, Adv. Mr.Manish Dhari Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 8 09-08-2012 Heard learned counsel for the petitioner, the University and for respondent No.3. The petitioner questions the appointment of respondent No.3 as Dean, Faculty of Dental Science in the respondent University.

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The petitioner is stated to be a Professor in Dental Science possessing the qualification of B.D.S. and M.D.S. posted at the Mithila Minority Dental College & Hospital, Laheriasarai, Darbhanga, as the Principal. Respondent No.3 is also stated to be a Professor in Microbiology and Pathology at the Saryug Dental College, Laheriasarai, Darbhanga. Both the colleges are affiliated to the respondent University which does not have a Department of Dental Science.

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Patna High Court CWJC No.4483 of 2012 (8) dt.09-08-2012

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According to clause-26 of the Statute, in such cases the Dean of the Faculty is to be appointed from an affiliated college on rotation for two years.

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Respondent No.3 was appointed on 9.2.2012 and would have had a tenure for two years if the present challenge had not been made.

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This matter was heard on 28.6.2012 and consecutively on 7.8.2012 and today. The entire controversy centered around the issue as to what shall be the interpretation of the words “concerned faculty” in Section26(5)(i) and what shall be the interpretation in correlation to Section-26(5)(D)(ii) requiring the Dean to possess experience for teaching and research work in that Faculty (concerned Faculty).

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Whether a person with qualifications in any other discipline apart from Dentistry could be appointed as a Dean in the faculty of Dental Science. The provisions of the Dental Council of India with regard to the qualifications required for the post of Dean also came in for consideration.

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At this stage, learned counsel for the University submitted that she had instructions to state that the University was willing to consider the claims of the petitioner in accordance with law.

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All questions of law raised on behalf of the parties are left open for consideration.

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Patna High Court CWJC No.4483 of 2012 (8) dt.09-08-2012

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Let the University complete such consideration and pass appropriate reasoned and speaking order with regard to the petitioner within a maximum period of six weeks from the date of receipt/production of a copy of this order.

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In the event that the University rejects the candidature of the petitioner, considering that at one stage the matter had been heard at length, it is required to pass a reasoned and speaking order disclosing full application of mind and understanding of the statutory provisions to facilitate judicial review, should the need arise.

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The application is disposed.

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(Navin Sinha, J)

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K.C.jha/-

Dr.Ashok Daulatram Bhagat Sing v. the Vice Chancellor,Lalit Nara

Case brief

What is this about?

What did the court decide?

Dr.Ashok Daulatram Bhagat Sing v. the Vice Chancellor,Lalit Nara

Case brief

What is this about?

What did the court decide?

What the court decided

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