Dr. Raj Kumar Madhudar And Ors vs Veer Kunwar Singh University And ...
2023 Latest Caselaw 219 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.1556 of 2015
                                          In
                    Civil Writ Jurisdiction Case No.8597 of 2010
     ======================================================

1. Dr. Jawahar Lal, working as Principal, D.K. College, Dumraon

2. Dr. Navin Kumar, working as Principal, G.B. College, Ramgarh

3. Dr. Kanhaiya Prasad Sinha , working as Principal, S.B.College, Ara.

4. Dr . Shailendra Kr. Ojha, working as Principal J. L. N. College, Dehri - On -

Sone

... ... Appellant/s Versus

1. Veer Kunwar Singh University, Ara through its Registrar

2. Vice Chancellor, Veer Kunwar Singh University, Ara

3. Chancellor, Raj Bhawan, Patna

4. The State of Bihar, through the Secretary Higher Education, Human Resources Development Department

5. Dr. Anil Kumar Singh, working as Principal, S.V.P. College, Bhabua

6. Dr. Lalit Sagar, working as Principal. J.J. College, Ara

7. Dr. Janeshwar Singh , working as Principal, H.D. Jain College, Ara

8. Dr. Himanshu Sharma, working as Principal, M.M. Mahila College, Ara

9. Dr. Satish Narayan Lal, working as Principal, A.S. College, Bikramganj

10. Dr. Abha Singh, working as Principal, Rohtas Mahila College, Sasaram

11. Dr. Raj Kumar Madhukar, working as Principal, S.N. College, Shahmal Kairadeo

12. Dr. Rajendra Prasad Singh, working as Dean Studentand8223s Welfare, V.K.S. University, Ara.

13. Dr. Narendra Kumar, R/o Flat No. 203, Servakunj Apartment, Mahesh Nagar, P.S.- Patliputra, Patna, District - Patna

14. Dr. Mithilesh Kumar Pandey, S/o Sri Radha Mohan Pandey, Professor and Head, Deptt. of Botany, Maharaja College , Ara and resident of Mohalla - Maharajahata, P.O. and P.S. Nawada Ara, District - Bhojpur

... ... Respondent/s ====================================================== with Letters Patent Appeal No. 1567 of 2015 In Civil Writ Jurisdiction Case No.8597 of 2010 ======================================================

1. Dr. Raj Kumar Madhudar and Ors Son of Late Mishri Rajak Working as Principal, Resident of Mohalla - New Gangoli, Thakurbari Road, Kali Sthan, Dalmiya Nagar, P.S. Dehri - On - Sone, District - Sasaram Patna High Court L.P.A No.1556 of 2015 dt.18-01-2023

2. Dr. Satish Narayan Lal Son of Late Shivnarayan Lal, Working as Principal, Resident of Mohalla - Alkapuri, P.S. Gardanibagh, District - Patna

3. Dr. Narendra Kumar Son of Sahdeo Narayan Singh Resident of Flat No. 203, Servakunj Apartment, Mahesh Nagar, P.S. Patliputra, Patna District - Patna

... ... Appellant/s Versus

1. Veer Kunwar Singh University, Ara through its Registrar

2. The Vice - Chancellor, V.K.S. University, Ara

3. The Chancellor, Raj Bhawan, Patna

4. The State of Bihar through Secretary Higher Education , Human Resources Development Deparment, Govt. of Bihar, Patna

5. Dr. Mithilesh Kumar Pandey Son of Shri Radhamohan Pandey, Professor and H.O.D. of Botany, Maharaja College, Ara Resident of Mohalla - Maharaja Hata, P.O. P.S. Nawada Ara , District - Bhojpur

6. Dr. Anil Kumar Singh then Working as Principal, S.V.P. College, Bhabua

7. Dr. Lalit Sagar, Principal J.J. College, Ara, At Present Associate Professor, Department of Geography.

8. Dr. Jawahar Lal the then Working as Principal D.K. College, Dumraon

9. Dr. Janeshwar Singh, the then Working as Principal H.D. Jain College, Ara, Retired

10. Dr. Himanshu Sharma then Working as Principal, M.M. Mahila College Ara.

11. Dr. Navin Kumar the then Working as Principal G.B. College, Ramgarh, At Present M.V. College, Buxar

12. Dr. Abha Singh, The then Working as Principal Rohtas Mahila College, Sasaram

13. Dr. Kanhaiya Prasad Sinha, the then Working as Principal S.B., College Ara, At Present J.L.N. College.

14. Dr. Rajendra Prasad Singh, the then Working as dean Student Wlfare, V.K.S. University, Ara.

15. Dr. Shailendra Kumar Ojha, the then Working as Principal, J.L.N. College Dehri - On - Sone.

... ... Respondent/s ====================================================== with Letters Patent Appeal No. 1715 of 2015 In Civil Writ Jurisdiction Case No.8597 of 2010 ======================================================

1. Dr. Abha Singh, at present working as Principal, Rohtas Mahila College, Sasaram (Rohtas).

2. Dr. Anil Kumar Singh, Working as Principal, S.V.P. College, Bhabhua. Patna High Court L.P.A No.1556 of 2015 dt.18-01-2023

3. Dr. Rajendra Prasad Singh, Working as Dean of Student's Welfare, V.K.S.

University, Ara. All since

... ... Appellant/s Versus

1. Dr. Mithilesh Kumar Pandey S/o Shree Radhey Mohan Pandey, Professor and Head Deptt. of Botany, Maharaja College, Ara and resident of Mohalla- Maharajahata, P.O. and P.S. Nawada Ara, District- Bhojpur.

2. Veer Kunwar Singh University, Ara through its Registrar.

3. Vice Chancellor, V.K.S. University, Ara.

4. Chancellor, Raj Bhawan, Patna.

5. The State of Bihar, through the Secretary Higher Education, Human Resources Development Department

6. Dr. Lalit Sagar, Working as Principal J.J. College, Ara.

7. Dr. Jawahar Lal, Working as Principal, D.K. College, Dumraon.

8. Dr. Janeshwar Singh, Working as Principal, H.D. Jain College, Ara.

9. Dr. Himanshu Sharma, Working as Principal, M.M. Mahila College, Ara.

10. Dr. Navin Kumar, Working as Principal, G.B. College, Ramgarh.

11. Dr. Satish Narayan Lal, Working as Principal, A.S. College, Eikramganj.

12. Dr. Kanhaiya Prasad Sinha, Working as Principal, S.B. College, Ara.

13. Dr. Raj Kumar Madhukar, Working as Principal, S.N. College, Shahmal Kairadeo.

14. Dr. Shailendra Kr. Ojha, Working as Principal, J.L.N. College, Dehri-On-

Sone.

15. Dr. Narendra Kumar null R/o Flat No.203, Servakunj Apartment, Mahesh Nagar, P.S. Patliputra, Patna, District Patna.All since removed by Notification bearing memo No. 503 dated 13.8.2015 of the Veer Junwar Singh University, Ara.

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

(In Letters Patent Appeal No. 1556 of 2015) For the Appellant/s : Mr. Abhinav Srivastava, Advocate Mr. Amresh Kumar Singh, Advocate For the Respondent/s : Mr. P. K. Verma, Sr. Advocate For the University : Mr. Rajesh Prasad Choudhary, Advocate (In Letters Patent Appeal No. 1567 of 2015) For the Appellant/s : Mr. Amaresh Kumar Singh, Ad For the Respondent/s : Mr. Lalit Kishore, PAAG (In Letters Patent Appeal No. 1715 of 2015) For the Appellant/s : Mr. Jitendra Singh, Sr. Advocate Mr. Abhinav Srivastava, Advocate Mr. Amresh Kumar Singh, Advocate Mr. Harsh Singh, Advocate For the Respondent/s : Mr. Rajesh Prasad Choudhary, Advocate For the University : Mr. Kinkar Kumar, Advocate Patna High Court L.P.A No.1556 of 2015 dt.18-01-2023

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 18-01-2023

None appears for the respondent-Dr. Mithilesh

Kumar Pandey.

2. On 24.11.2022, the following order was passed:-

"Heard the matter for sometime. Perusal of the records it is evident that respondents who were petitioner have sought for the following relief:-

"That the present memo of appeal has been preferred against the order and judgment dated 24/07/2015 passed by Hon'ble Mr Justice Chakradhari Sharan Singh in C.W.J.C. No. 8597/2010, by which, while allowing the said writ application, the appointment of the respondent/appellants against the posts of Principals in different constituent colleges under the Veer Kunwar Singh University, Ara (hereinafter referred to as "the University") has been quashed and directions for carrying out fresh process of selection for appointment of Principals in the services of the University have been issued."

In the absence of challenge to the final select list of Principal or selection by the committee, the respondents proceeded to challenge order of appointment issued in favour of the respondent in the writ petition or Patna High Court L.P.A No.1556 of 2015 dt.18-01-2023

appellants before this Court.

During pendency of the writ petition the first two petitioners' name have been deleted from writ proceedings on 11.03.2014. Therefore, the present lis is only against Dr. Mithilesh Kumar Pandey.

Learned counsel for the respondent- Dr. Mithilesh Kumar Pandey is hereby directed to apprise this Court with reference to any judicial pronouncements in the absence of challenge to the select list whether candidate can question the order of appointment or not?

Re-list this matter on 08.12.2022."

2. Thereafter at the request of learned counsel for the

concerned respondent, the matter was adjourned on 12.01.2023

vide order dated 08.12.2022.

3. The learned counsel for the respondent-Dr.

Mithilesh Kumar Pandey is not present and he has also not

furnished any material to show that the appointment order could

be challenged without challenging the final select list.

Therefore, the appellant has made out a case so as to interfere

with the order of the learned Single Judge dated 24.07.2015

passed in C.W.J.C. No. 8597 of 2010. Accordingly, order of the

learned Single Judge dated 24.07.2015 passed in C.W.J.C. No.

8597 of 2010 filed on behalf of Dr. Mithilesh Kumar Pandey is

set aside and C.W.J.C. No. 8597 of 2010 is hereby rejected.

4. The L.P.A. No. 1556 of 2015 stands allowed. Patna High Court L.P.A No.1556 of 2015 dt.18-01-2023

4. In the light of the order passed in L.P.A. No. 1556

of 2015, the remaining L.P.A. No. 1567 of 2015 and L.P.A. No.

1715 of 2015 also stands allowed.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J) Ashish/-

AFR/NAFR
CAV DATE                NA
Uploading Date          23.01.2023
Transmission Date