Disposed

Prof. Anil Kumar Shrivastawa v. The Veer Kunwar Singh University and Ors.

Patna HC8 May 2014CWJC/25337/2013

Case brief

AI extract

What is this about?

This writ petition challenged the arbitrary appointment of the Respondent as Head of Department, ignoring the petitioner's claims under the statutory Scheme of Rotation. The Court dismissed the petition by directing the Vice Chancellor to examine the petitioner's representation and the rival claim, granting a hearing before a final decision within six weeks.

What did the court decide?

The writ application was disposed of by directing the Vice Chancellor to examine the petitioner's representation and claim of the rival candidate, and decide the matter within six weeks after giving a

Prof. Anil Kumar Shrivastawa Vs The Veer… — Pension and Retirement Benefits | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.25337 of 2013

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Prof. Anil Kumar Shrivastawa Son Of Late R.N.P. Shrivastawa Resident Of Teacher'S Flat, Maharaja College, P.S. Nawada, Ara, District - Bhojpur

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.... .... Petitioner/s

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Versus 1. Veer Kunwar Singh University , Ara, Through Its Registrar Null Null 2. The Vice Chancellor, Veer Kunwar Singh University, Ara

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The Registrar, Veer Kunwar Singh University, Ara

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Dr. Akshaybar Singh Son Of Not Known To The Petitoner Presently Working And Posted As The Head Of P.G. Department Of Political Science, Veer Kunwar Singh University, Ara

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Abhinav Srivastava, Adv For the University : Mr. Sarva Deo Singh, Adv

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====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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2 08-05-2014 Heard learned counsel for the parties.

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The prayer of the petitioner in this writ application reads as follows:-

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"Issuance of a direction, order or writ including writ in the nature of certiorari quashing the notification dated 8.10.2013 issued by the Veer Kunwar Singh University, Ara (hereinafter referred to as "the University) by which respondent no. 4 has been appointed against the post of Head of P.G. Department of Political Science of the University purportedly in terms of the provisions contained under the Statute for the Scheme of Rotation of Headship in different departments of the universities within the State of Bihar ignoring the claims of the petitioner in the most illegal and arbitrary manner;

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Issuance of a direction, order or writ including writ in the nature of mandamus commanding the concerned respondent authorities under the University to take steps towards considering the case of the petitioner for being appointed as the Head of Post Graduate Department of Political Science under the University in terms of the provisions contained under the Statute for the scheme of Rotation of Headship in different departments under the universities within the State of Bihar.

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Issuance of a declaration holding that the petitioner is entitled in law to be appointed as the head of Post Graduate

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Patna High Court CWJC No.25337 of 2013 (2) dt.08-05-2014

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Department of Political Science under the University in terms of the Statute for Scheme of Rotation of Headship."

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Mr. Abhinav Srivastava, learned counsel appearing on behalf of the petitioner having taken this Court to the scheme of statute framed by the learned Chancellor of appointment on the post of Head of the Department and piquant situation prevailing in the Department of Political Science and Public Administration of Veer Kunwar Singh University where the same teachers form part of both the department has submitted that before this Court may make an authoritative pronouncement on the issue, it would be better that the present new Vice Chancellor of Veer Kunwar Singh University should himself reply on the representation which has been filed by the petitioner after issuance of the impugned order dated 08.10.2013 making respondent no. 4 as Head of the Department of Post Graduation of Political Science of the University.

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This Court will have no other option but to accept

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Patna High Court CWJC No.25337 of 2013 (2) dt.08-05-2014

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the submission of Mr. Srivastava for the reason that the University itself has not filed its counter affidavit in a period of nearly five months. Had the counter affidavit been filed, this Court could have straightway decided the matter. Thus, in absence of a counter affidavit and the submission of Mr. Srivastava, this Court would dispose of this writ application with a direction to the Vice Chancellor of the Veer Kunwar Singh University to examine the claim of the petitioner as put forward by him in his representation as contained in Annexure-4 and take a final decision within a period of six weeks from the date of receipt of this order.

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It is, however, also made clear that before any decision is taken, opportunity of hearing shall be given not only to the petitioner but also to the respondent no. 4.

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Let it be also further made clear that for the time being this Court has not expressed its opinion on the merits of the claim of the petitioner but has simply

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Patna High Court CWJC No.25337 of 2013 (2) dt.08-05-2014

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remitted the matter back.

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With the aforementioned observation and

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direction, this application is disposed of.

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(Mihir Kumar Jha, J)

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Ranjan/-

Prof. Anil Kumar Shrivastawa v. The Veer Kunwar Singh University and Ors.

Case brief

What is this about?

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Prof. Anil Kumar Shrivastawa v. The Veer Kunwar Singh University and Ors.

Case brief

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