Dismissed

Preity Roy v. The Principal Secretary To The Governor and Ors.

Patna HC20 Feb 2020CWJC/17492/2018

Case brief

AI extract

What is this about?

In a PIL challenging the appointment of retired Army officers as Registrars in Bihar universities, the Court construed the relevant Amendment Act. Ruling that the statute does not prohibit such appointments, the Petition was dismissed.

What did the court decide?

The petitioner's prayer to set aside the appointment notification and invoke extraordinary jurisdiction was dismissed.

Preity Roy Vs The Principal Secretary To The Governor… — Education and Admissions | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17492 of 2018

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Preity Roy, D/o Rajendra Kumar Yadav R/o Mohalla- Nehru Chak, Bari Patan Devi, P.O. Gulzarbagh, Patna City, P.S.- Alamganj, Patna-16.

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... ... Petitioner/s

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Versus

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The Principal Secretary to the Governor ,Governor’s Secretariat, Bihar Raj Bhawan, Patna.

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The State of Bihar, through the Chief Secretary, Bihar.

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The Principal Secretary, Department of Education, Bihar, Patna.

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The University Grants Commission, New Delhi.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Sanjay Kumar For the Respondent/s : Mr.Ashutosh Ranjan Pandey- Aag15

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE S. KUMAR

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ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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4 20-02-2020 Petitioner has prayed for the following relief:

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“The instant public interest litigation has been filed to invoke the extra ordinary and equitable jurisdiction of the Hon’ble Court for the issuance of appropriate writ for setting aside notification vide Memo No. B.S.U.-27/2017-961/GS(1) dated 02.04.2018 issued by the Governor’s Secretariat Bihar under the signature of the Principal Secretary to H.E. to the Governor cum Hon’ble Chancellor by which the retired Army officers have been considered for the appointment for the post of Registrar in the various universities in Bihar in violation to the provisions of Section 15(1) of the

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Patna High Court CWJC No.17492 of 2018(4) dt.20-02-2020 2/4

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Bihar State Universities (Amendment) Act, 2017 and Patna University (Amendment Act, 2017 and for any other relief or reliefs that the petitioner may be found to be entitled to the facts and circumstances of the present case as the appointment of retired Army officers as Registrars in the Universities of Bihar is having very demoralising effect on the students of the Universities of Bihar and it has given a message to the masses that the faculties of the Universities are not able to handle the affairs to the universities and needs iron hands in the form of retired army officers as Registrars to manage the affairs of Universities.”

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The sole issue, which arises for consideration in the present petition, is as to whether officers, having served the Armed Forces, can be appointed as Registrars in any of the universities in the State of Bihar or not.

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The writ petitioner wants the Court to read the provisions so as to exclude the retired officers, who have served the Army or such other like Institutions.

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In support of his contention, petitioner made reliance upon the provisions of sub-section (1) of Section 15 of the Bihar State University (Amendment) Act, 2017, which reads as under:

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“15(i) Notwithstanding any provisions of the Act, if the Chancellor thinks fit, he may request the State Government, Central Government, University Grants Commission or any University to send names of suitable officers including the retired officers of

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Patna High Court CWJC No.17492 of 2018(4) dt.20-02-2020 3/4

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Bihar Administrative Service for the post of Registrar, and in that case State Government, Central Government, University Grants Commission or any University may send the name of one or more officers for consideration for appointment as Registrar under such terms and conditions of service, as he may consider fit, and then the Chancellor shall appoint the Registrar from amongst them.”

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The provision of the Statute is unambiguously clear. The power to appoint is with the Chancellor. He may request the State Government, Central Government, University Grants Commission or any University to send names of suitable officers, including the one who have retired as officers of the Bihar Administrative Service. The Statute nowhere prohibits appointment of any one of the officers retired from the Armed Forces to be appointed as the Registrar. It also does not confer any right on anyone of the officers retired from the Bihar Administrative Service. The scope of power is not restrictive in nature. Anyone of the ‘suitable officers’ can be recommended by any authority, including the Central Government.

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It is in this backdrop, we find the challenge made by the petitioner to the appointment of the retired officers, having served the defence force/Indian Army, in terms of the Notification dated 2^nd April, 2018 (Annexure-2), absolutely in

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Patna High Court CWJC No.17492 of 2018(4) dt.20-02-2020 4/4

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consonance with the Statute.

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As such, we see no reason to interfere with the notification dated 2^nd April, 2018. Accordingly, present petition is dismissed.

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(Sanjay Karol, CJ)

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( S. Kumar, J)

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sujit/-

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Preity Roy v. The Principal Secretary To The Governor and Ors.

Case brief

What is this about?

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Preity Roy v. The Principal Secretary To The Governor and Ors.

Case brief

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