Parmanand Singh @ Parma Nand Singh, aged about 62 years, S/o Ram Sundar Singh v. 1. Binod Bihar Mahto Koylanchal University through the Registrar, Sardar Patel Nagar, P.O. and
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 944 of 2023 Parmanand Singh @ Parma Nand Singh, aged about 62 years, S/o Ram Sundar Singh, Office at Rann Vijay Smarak Mahavidyalaya, P.O. & P.S. Chas, District Bokaro, Jharkhand … … Petitioner Versus 1. Binod Bihar Mahto Koylanchal University through the Registrar, Sardar Patel Nagar, P.O. and P.S. Dhanbad, District Dhanbad, Jharkhand. 2. The Vice Chancellor, Binod Bihari Mahto Koylanchal University, Sardar Patel Nagar, P.O. and P.S. Dhanbad, District Dhanbad, Jharkhand 3. The Registrar, Binod Bihari Mahto Koylanchal University, Sardar Patel Nagar, P.O. and P.S. Dhanbad, District Dhanbad, Jharkhand 4. Ran Vijay Smarak Mahavidyalaya, through the Principal, office at Section XII – D, P.O. & P.S. Sector 12, Bokaro Steel City, Jharkhand, 827012 5. The Governing Body, Ran Vijay Smarak Mahavidyalaya, through the Secretary, Office at Sector XII – D, P.O. & P.S. Sector 12, Bokaro Steel City, Jharkhand, 827012
Legal Reasoning
6. Sri Satyadev Tiwari, father name not known the petitioner, Professor-in-charge, Ran Vijay Smarak Mahavidyalaya, Office at Sector XII- D, P.O. & P.S. Sector, 12, Bokaro Steel City, … Respondents Jharkhand, 827012 … --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioner For the Resp. Nos. 1 to 3 : None --- : Mr. Baibhaw Gahlaut, Advocate --- 05/14.06.2023 Learned counsel for the petitioner Mr. Baibhaw Gahlaut, appears. 2. 3. Nobody appears on behalf of the respondent nos.1 to 3. This writ petition has been filed for the following relief: “For issuance of an appropriate writ, order, direction upon the respondents to allow the petitioner to rejoin on the post of Professor- in-charge as the petitioner was appointed as Professor-in-charge by the Governing Body of Ran Vijay Smarak Mahavidyalaya, Bokaro Steel City in compliance of the order dated 21.03.2005 passed by the Hon’ble Jharkhand High Court in W.P.(S). No.1315 of 2005 on the ground that the petitioner is the senior most teacher of the college.” 4. Learned counsel for the petitioner submits that the petitioner is the senior most Professor in the affiliated college , namely, Ran Vijay Smarak Mahavidyalaya . The petitioner being the senior most Professor had filed a writ petition being W.P.(S) No.1315 of 2005 2 before this Court seeking a direction upon the respondent college i.e Ran Vijay Smarak Mahavidyalaya, to appoint him as Professor In- charge. He submits that the petitioner had filed several representations before the governing body of the college and also before the University, therefore, the writ petition was disposed of directing the governing body of the college to dispose of the representation of the petitioner after considering all the documents as may be submitted by the petitioner. 5. The learned counsel submits that pursuant to the order passed by the writ court, the petitioner duly represented and the governing body in the proceeding dated 06.07.2005 considered all the eligible persons and found that the petitioner was the senior most and most suitable candidate and ultimately, the petitioner was appointed as the Professor in-charge of the college vide letter dated 07.07.2005. He further submits that during the COVID-19 period, the petitioner and his family suffered and consequently, the petitioner went on leave on 29.03.2022 (Annexure – 3) and ultimately, a fitness certificate was issued to the petitioner on 30.12.2022 and thereafter, the petitioner joined on 29.01.2023. In the meantime, Professor Bindo Singh was made Professor In-charge, who was scheduled to retire on 31.01.2023 and consequently, the petitioner filed a representation dated 30.01.2023 stating that the petitioner may be permitted to resume his duty. The learned counsel submits that the private respondent no.6 namely Satyadev Tiwari, who is now working as Professor-Incharge is also scheduled to retire on 30.06.2023 and thereafter a new Professor In-charge is required to be appointed. The learned counsel submits that the claim of the petitioner to become the Professor In-charge be also considered along with others. He submits that the petitioner continues to be the senior most Professor in the college. Since earlier order was passed by this Court in the writ petition, therefore, the petitioner has filed a fresh writ petition so that the case of the petitioner be considered by the governing body. 6. After hearing the learned counsel for the petitioner and considering the facts and circumstances of this case, it appears that the petitioner had moved this Court earlier in W.P.(S) No.1315 of 2005 seeking a direction upon the respondent no.3 for being appointed as 3 Professor In-charge, being the senior most Professor in the Respondent college . The writ petition was disposed of enabling the petitioner to file representation. Ultimately, the matter was taken up by the governing body and the case of all the eligible persons was considered and the petitioner was appointed as the Professor In-charge of the college. Subsequently, the petitioner continued to work and during Covid period, on account of medical reasons, petitioner had to take leave. In the meantime, one Professor, namely Bindo Singh, was discharging the duty of Professor In-charge, who retired on 31.01.2023 and thereafter, respondent no.6 has been working as professor In-charge and as per the submissions , respondent no.6 is also scheduled to retire on 30.06.2023. 7. In such circumstances, it appears that upon retirement of respondent no.6, who is said to have been working a Professor In- charge, the governing body may have to take a decision in connection with the appointment of Professor In-charge. The petitioner has moved this court so that appropriate order be passed as was passed in the earlier writ petition. In view of the aforesaid circumstances and
Decision
considering the nature of relief, this writ petition is disposed of with an observation that upon superannuation of respondent no.6, the case of the petitioner be also considered by the governing body of the respondent college in the matter of appointment of Professor In- charge. It is also observed that the case of all the eligible candidates be considered and the governing body of the respondent college will be free to choose the most suitable candidate as per the applicable norms/rules. 8. Pending interlocutory application, if any, stands closed. Saurav/ (Anubha Rawat Choudhary, J.)