Dr. Vijay Kumar vs The State Of Bihar Through Chief ...
2022 Latest Caselaw 930 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.2242 of 2021
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Dr. Vijay Kumar son of Late Tej Narayan Yadav resident of RCA-32, Sector4, Bahadurpur Housing Colony, Sampatchak, P.S. - Sampatchak, District- Patna. At present Associate Professor, Department of Zoology, R.N College, Hajippur (BRA Bihar University), District- Vaishali, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Higher Education Department, Government of Bihar, Patna.

3. The BRA Bihar University through its Registrar B R A Bihar, Muzaffarpur.

4. The Vice Chancellor, B R A Bihar University, Muzaffarpur.

5. The Registrar, B R A Bihar University, Muzaffarpur.

6. The Principal, R.N. College, Hajipur, District- Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harendra Kumar Tiwary, Advocate For the Respondent/s : Mr. Lalit Kishore (Ag) Mr. Ram Binay Prasad Singh, Advocate Mr. Nikhil Agarwal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 03-02-2022 Heard Mr. Harendra Kumar Tiwary, learned

Advocate for the petitioner and Mr. Ram Binay Prasad

Singh for the State. The BRA Bihar University is

represented by Mr. Nikhil Agarwal, Advocate.

The petitioner, who is an Associate Professor in

the Department of Zoology in R.N. College at Hajipur in

the district of Vaishali has come up before this Court being

aggrieved by the respondent/University in not introducing Patna High Court CWJC No.2242 of 2021 dt.03-02-2022

the principle of Rotation of Headship in the colleges despite

the same being applicable for the Heads of the colleges

also, which has been clarified by a judgment of this Court

dated 15.12.2011 passed in CWJC No. 13760 of 2011.

It is the contention of the petitioner that despite

the petitioner and several others having represented the

respondent/University for the purposes of implementing

the aforesaid revised statute with respect to Rotation of

Headships for the college departments also, nothing has

been done.

The University, but, has accepted the principle of

Rotation of the Headship in the University department.

There does not appear to be any justifiable

reason, it has been urged, for not extending it to the

Headship of the college departments also.

The State in its counter affidavit has submitted

that it should have been done by the University by now.

Regard being had to the aforesaid background

facts, the petitioner is directed to make a suitable Patna High Court CWJC No.2242 of 2021 dt.03-02-2022

representation, annexing a copy of this order as well as the

judgment dated 15.12.2011 passed in CWJC No. 13760 of

2011, before the Vice-Chancellor of BRA, Bihar University,

Muzaffarpur (respondent no. 4) within a period of two

weeks and such representation shall be acted upon by the

concerned respondent and necessary orders shall be

passed within a further period of six weeks.

Needless to state that the petitioner shall be

intimated about the decision so taken by the concerned

respondent, which shall be in accordance with the rules

and the precedents.

With the aforesaid direction/observation, the writ

petition is disposed of.

(Ashutosh Kumar, J)

krishna/-

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Uploading Date          04.02.2022
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