Santosh Kumar vs The State Of Bihar
2023 Latest Caselaw 3705 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.15589 of 2019
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Santosh Kumar, S/o Sri Harsh Nath Jha, C/o Arvind Jha, R/o Dr. Rajni Gali, Bajrang Path, Shiv Mandir, Bajrangpuri, Gulzarbagh, P.S.- Gulzarbagh, Patna City, Patna, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2. The Chancellor of the Universities of Bihar through his Principal Secretary, Raj Bhawan, Patna.

3. Aryabhatta Knowledge University, Patna through its Registrar.

4. The Vice-Chancellor, Aryabhatta Knowledge University, Patna, Bihar.

5. The Registrar, Aryabhatta Knowledge University, Patna, Bihar.

6. Magadh University, Bodh Gaya through its Registrar.

7. Dr. Ajay Pratap, S/o Sri Raghuvir Narayan Singh, R/o 201, Krishna Kunj Apartment, East Boring Canal Road, P.S.- Budhha Colony, Patna at present posted as Inspector of Colleges, Aryabhatta Knowledge University, Patna, Bihar.

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

For the Petitioner/s : Mr. Dinu Kumar, Advocate Mr. Arun Kumar Jha, Advocate Mr. Prashant Kumar, Advocate Mr. Arvind Kumar Sharma, Advocate For the Respondents : Mrs. Shilpa Singh, G.A.-12 Mr. Ram Vinay Prasad Singh, A.C. to G.A. 12 Mr. Priyank Deepak, Advocate Mr. Syed Firoz Raza, Advocate Mr. Rajendra Kumar Giri, Advocate Mr. Raj Kamal, Advocate Mr. Md. Faiz Ahmad, Advocate Mr. Rajesh Roy, Advocate Mr. Rajeev Kumar Singh, Advocate Mr. Priya Ranjan Singh, Advocate Mr. Ritesh Kumar, Advocate Mr. Amit Kumar Singh, Advocate Mr. Chakrapani, Advocate Mr. Rakesh Kumar Singh, Advocate For Private Respondent No. 7 : Mr. S.D. Sanjay, Sr. Advocate Mr. S.S. Sundaram, Advocate For the Chancellor : Mr. Rana Vikram Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT Patna High Court CWJC No.15589 of 2019 dt.11-08-2023

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 11-08-2023

1. The question arose as to whether the 7th Respondent

was entitled to hold the post of Inspector of Colleges in the

Aryabhatta Knowledge University, Patna, Respondent No. 3.

This Court by Order No. 3 on 09.12.2019 on a prima facie

consideration directed that the work allotted to the 7th

Respondent will stand withdrawn. Later by Order No. 7 on

24.03.2021 a question was raised as to whether the 7th

Respondent has obtained a degree in M.Sc. (Mathematics) from

the Magadh University or not? The Vice Chancellor of the

Magadh University was also directed to file a personal affidavit

clarifying the same.

2. The Vice Chancellor of the Magadh University has

filed a counter affidavit dated 23.10.2019 in which it has been

stated that the Examination Department of Magadh University

verified the mark-sheet of the 7th Respondent with Roll No. PAT-

3105, Registration No. 8208/83 of 1987, examination held in

January, 1989. It is also stated that as per record the Roll No.

3105 belongs to another student namely Ravi Ranjan with

Registration No. 2541/86 and marks shown 554 in the

Tabulation Register. The mark-sheet and Provisional Certificate

submitted is stated to be not issued by the Magadh University. It Patna High Court CWJC No.15589 of 2019 dt.11-08-2023

is also stated that the Aryabhatta Knowledge University has

been informed of the same by the Magadh University vide its

Letter No. CE/VER/01/19 dated 03.01.2019, annexed as

Annexure-6 to the writ application.

3. Shri S.D. Sanjay, learned Senior Counsel appearing

on behalf of the Private Respondent No. 7 submits that there

was a further representation given to the Vice Chancellor of the

Magadh University in which the Vice Chancellor had taken a

different view. It is also submitted that the Vice Chancellor of

the Magadh University is now implicated in a case of fraud and

embezzlement.

4. In any event, we notice that none of these facts are

placed on record by the 7th Respondent despite the affidavit of

the Vice Chancellor of the Magadh University having been filed

on 23.10.2019. In such circumstances, we will not go into the

contentions so raised.

5. We also notice that the 3rd Respondent has already

dismissed the 7th Respondent from its service. The 7th

Respondent challenged the same before this Court and this

Court relegated the 7th Respondent to the appellate remedy. The

7th Respondent is said to have filed an appeal before the

Chancellor which is pending consideration.

Patna High Court CWJC No.15589 of 2019 dt.11-08-2023

6. Learned counsel for the petitioner Shri Dinu Kumar

submits that in fact if the appointment of 7 th Respondent is

found to be illegal, the entire remuneration given to him has to

be withdrawn. However, we are not at this stage considering

such matters, especially since an appeal is pending before the

Chancellor.

7. We make it clear that whatever we have stated in

the judgment is only a reflection of the averments made by the

respective parties. It is for the Chancellor to consider the appeal

in accordance with law.

8. The writ petition is closed with the above

reservation.

(K. Vinod Chandran, CJ)

(Partha Sarthy, J) P.K.P./-

AFR/NAFR
CAV DATE
Uploading Date          16.08.2023
Transmission Date