Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17225 of 2013 ====================================================== Umesh Chandra, son of late Brahmdeo Prasad, resident of village + P.O. Dosut, P.S. Wena, District Nalanda .... .... Petitioner/s Versus 1. Rajendra Agricultural University Bihar, Pusa, Samastipur Through Its Registrar 2. The Vice - Chancellor, Rajendra Agricultural University, Bihar, Pusa, Samastipur 3. The Director, Administration, Rajendra Agricultural University, Bihar, Pusa, Samastipur 4. Bihar Agricultural University, Sabour, Bhagalpur Though Its Registrar 5. The Vice - Chancellor, Bihar Agricultural University, Sabour, Bhagalpur 6. The Director, Administration, Bihar Agricultural University, Sabour, Bhagalpur 7. The Associate Dean - Cum - Director ( D.T. ), Sanjay Gandhi Institute Of Dairy Technology, B.V. College, Jagdeo Path, Patna .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.17305 of 2013 ====================================================== Ashok Kumar Singh Son Of Shri Ram Shankar Singh Resident Of Village + P.O. Naya Gaon, Police Station - Shayampur, District - Sheohar .... .... Petitioner/s Versus 1. Rajendra Agricultural University, Bihar, Pusa, Samastipur Through Its Registrar 2. The Vice - Chancellor, Rajendra Agricultural University, Bihar, Pusa, Samastipur 3. The Director, Administration, Rajendra Agricultural University, Bihar, Pusa, Samastipur 4. Bihar Agricultural University, Sabour, Bhagalpur Though Its Registrar 5. The Vice - Chancellor, Bihar Agricultural University, Sabour, Bhagalpur 6. The Director, Administration, Bihar Agricultural University, Sabour, Bhagalpur 7. The Associate Dean - Cum - Director ( D.T. ), Sanjay Gandhi Institute Of Dairy Technology, B.V. College, Jagdeo Path, Patna
Legal Reasoning
only a follow up measure of the order passed by this Court in the earlier round of litigation in C.W.J.C.No. 3581/2009 and C.W.J.C.No. 6593/2009 wherein this Court having found large scale illegalities in preparation of the earlier panel by the Rejendra Agriculture University and its consequential appointment had disapproved the same and had directed for preparation of fresh panel as also upon production of such fresh panel issued direction for appointment of those post, the submission of the learned counsel for the petitioners in all these cases that since they became the employee of Bihar Agriculture University, any adverse order could have only been passed after compliance of the principles of Patna High Court CWJC No.17225 of 2013 (3) dt.29-11-2013 4 natural justice is an aspect which will have to be gone into in the light of the right that the petitioners claim. The petitioners are the product of those very illegalities crept into the panel which was disapproved by this Court. It is not in doubt that such panel was prepared by the Rejendra Agriculture University which could not be upheld by this Court. This Court in fact had directed for preparation of fresh panel and had also approved the same when it was produced as is manifest from the order dated 16.1.2013. If in the meantime the petitioners by bifurcation of Rajendra Agriculture University became the employees of the Bihar Agriculture University no individual right could have been vested in them for claiming something which was actually legacy of Rajendra Agriculture University. Thus, while this Court does not find anything illegal in the consequential impugned order which, as noted above, is only a follow up measure of the directions given by this Court in the order dated 16.1.2013 in C.W.J.C.No. 3581/2009 and its analogous cases, the submission of learned Counsel for the petitioners that the petitioners will have an alternative forum before the learned Chancellor who can still look into their grievance relating to termination of their service in effect would mean that they intend to withdraw these writ petitions for Patna High Court CWJC No.17225 of 2013 (3) dt.29-11-2013 5 exhausting statutory alternative remedy. That being so these writ applications are permitted to be withdrawn and it is made clear that nothing said in this order will come in the way of the petitioners in approaching the learned Chancellor for assailing the order of their termination and in case the petitioners would file their representation before the learned
Arguments
.... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.17370 of 2013 ====================================================== Deepak Kumar, son of Shree Rameshwar Prasad Srivastava, resident of village & P.O. New Agarwa, P.S. Motihari, District East Champaran .... .... Petitioner/s Versus 1. Rajendra Agricultural University Bihar, Pusa, Samastipur Through Its Registrar 2. The Vice - Chancellor, Rajendra Agricultural University, Bihar, Pusa, Patna High Court CWJC No.17225 of 2013 (3) dt.29-11-2013 2 Samastipur 3. The Director, Administration, Rajendra Agricultural University, Bihar, Pusa, Samastipur 4. Bihar Agricultural University, Sabour, Bhagalpur Though Its Registrar 5. The Vice - Chancellor, Bihar Agricultural University, Sabour, Bhagalpur 6. The Director, Administration, Bihar Agricultural University, Sabour, Bhagalpur 7. The Associate Dean - Cum - Director ( D.T. ), Sanjay Gandhi Institute Of Dairy Technology, B.V. College, Jagdeo Path, Patna .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.17571 of 2013 ====================================================== Ranjan Kumar Ranjan Son Of Sri Anarsi Pandit Resident Of Village- Khankitta, P.O.- Sabour, Police Station- Sabour, District- Bhagalpur .... .... Petitioner/s Versus 1. Rajendra Agricultural University, Bihar, Pusa, Samastipur Through Its Registrar 2. The Vice-Chancellor, Rajendra Agricultural University, Bihar, Pusa, Samastipur 3. The Director Administration, Rajendra Agricultural University, Bihar, Pusa, Samastipur 4. Bihar Agricultural University, Sabour, Bhagalpur Through Its Registrar 5. The Vice-Chancellor, Bihar Agricultural University, Sabour, Bhagalpur 6. The Director, Administration, Bihar Agricultural University, Sabour, Bhagalpur 7. The Associate Dean-Cum-Director (D.T.), Sanjay Gandhi Institute Of Dairy Technology, B.V. College, Jagdeo Path, Patna .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.17579 of 2013 ====================================================== Shankar Ram Son Of Late Ramashish Ram Resident Of Village- Malinagar Bargawn, P.O.- Malinagar, P.S.- Chak Mehasi, District- Samastipur .... .... Petitioner/s Versus 1. Rajendra Agricultural University, Bihar, Pusa, Samastipur Through Its Registrar 2. The Vice-Chancellor, Rajendra Agricultural University, Pusa, Samastipur 3. The Director Administration, Rajendra Agricultural University, Bihar, Pusa, Samastipur 4. Bihar Agricultural University, Sabour, Bhagalpur Through Its Registrar 5. The Vice-Chancellor, Bihar Agricultural University, Sabour, Bhagalpur 6. The Director, Administration, Bihar Agricultural University, Sabour, Bhagalpur 7. The Associate Dean-Cum-Director (D.T.), Sanjay Gandhi Institute Of Dairy Technology, B.V. College, Jagdeo Path, Patna .... .... Respondent/s ====================================================== Patna High Court CWJC No.17225 of 2013 (3) dt.29-11-2013 3 Appearance : (In CWJC No.17225 of 2013) For the Petitioner/s : Mr. Gajanan Arun For the Respondent/s : Dr. A.K.Upadhya, Adv. (In CWJC No.17305 of 2013) For the Petitioner/s : Mr. Gajanan Arun For the Respondent/s : Mr. Chandra Mohan Singh (In CWJC No.17370 of 2013) For the Petitioner/s : Mr. Gajanan Arun For the Respondent/s : Mr. Chandra Mohan Singh (In CWJC No.17571 of 2013) For the Petitioner/s : Mr. Gajanan Arun For the Respondent/s : Mr. Chandra Mohan Singh (In CWJC No.17579 of 2013) For the Petitioner/s : Mr. Gajanan Arun For the Respondent/s : Mr. Chandra Mohan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 3 29-11-2013 While this Court is not inclined to interfere with the impugned order passed in these writ applications which seem to be
Decision
Chancellor, the same shall be disposed of in accordance with law without being influenced by anything which has been said in this order. (Mihir Kumar Jha, J) surendra/-