Patna High Court
Dr. Richa Sinha vs The State Of Bihar on 21 April, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12454 of 2021
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Dr. Richa Sinha Wife of Dr. Anand Shankar Sharan Singh Resident of Road
No.14, Patel Nagar, L.B.S. Nagar P.S.-Shastri Nagar, District-Patna Pin Code-
800023
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Bihar, Patna.
2. Patna University, Patna through its Registrar
3. Vice Chancellor, Patna University, Patna.
4. Registrar, Patna University, Patna.
5. Dr. Anil Kumar Son of Mr. Bengali Singh Presently Posted and Working in
the Capacity of In-Charge Chief Medical Officer, Central Dispendary, Patna
University, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhinav Srivastava, Sr. Advocate
For the State : Mr.Madhaw Pd. Yadaw (Gp23)
For the University : Mr. Ranjeet Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 21-04-2025
Heard Mr. Abhinav Srivastava, learned Senior
Counsel appearing on behalf of the petitioner; Mr.Madhaw Pd.
Yadaw learned GP 23 for the State and Mr. Ranjeet Kumar
Mishra, learned counsel for the University.
2. Petitioner has inter alia prayed for following reliefs
in the paragraphs No.1 of the writ petition:-
"(i) Issuance of a direction, order or writ,
including writ in the nature of certiorari quashing the
office order dated 18/05/2021 bearing letter no. 117/R
issued by the University, by which, by the orders of the
Vice Chancellor of the University, while relieving the
petitioner from her additional duties as In-Charge
Chief Medical Officer of Patna University, Patna
(hereinafter referred to as "the University"),
Patna High Court CWJC No.12454 of 2021 dt.21-04-2025
2/6
respondent no. 5 has been authorized to perform the
duties as In-Charge Chief Medical Officer of the
University till further orders in addition to his earlier
assigned duties with immediate effect;
(ii) Issuance of a direction, order or writ,
including writ in the nature of mandamus
commanding the concerned respondent authorities
under the University to take step towards allowing the
petitioner to resume her duties in the capacity of In-
Charge Chief Medical Officer of the University
against which post she had been continuously
discharging her duties strictly in accordance with law
pursuant to office order dated 13/03/2020 bearing
memo no. 434 issued by the University;
(iii) Issuance of a declaration holding
that the action on the part of the concerned
respondent authorities under the University in
relieving the petitioner from discharging the duties
as In-Charge Chief Medical Officer of the
University and assigning the said duties to
respondent no. 5 is highly arbitrary, unreasonable
and in blatant disregard and violation of articles 14,
16 & 21 of the Constitution of India as well as the
principles of natural justice;
(iv) Any other relief that the petitioner
may be found to be entitled to in the facts and
circumstances of the present case."
3. Learned senior counsel appearing on behalf of the
petitioner submitted that the petitioner is aggrieved by the
manner in which the petitioner has been removed/relieved by
the order of the Vice Chancellor from her additional duties as
In-charge, Chief Medical Officer of Patna University. The said
order was communicated vide Letter No.117 / R dated
18.05.2021
( Annexure 9 ). He further submitted that the order
of the Vice-Chancellor is arbitrary on the ground that the same
has been passed without giving adequate opportunity to the
petitioner to defend her case and remark insofar as not obeying
Patna High Court CWJC No.12454 of 2021 dt.21-04-2025
the order of seniors will affect her service records. He further
submitted that from the action of the Vice-Chancellor, it would
appear that he was pre-determined to relieve the petitioner by
authorizing respondent no.5 to perform the duties of In-charge,
Chief Medical Officer of the University till further orders and
same is in violation of Article 14 of the Constitution of India, as
well as, the principle of natural justice.
4. A counter affidavit has been filed on behalf of the
respondents no.1, the State, duly sworn by the Deputy Director,
Higher Education, Patna. It has been stated that while relieving
the petitioner from her additional duty as In-charge, Chief
Medical Officer of the Patna University, Patna, respondent no.5
was authorized to perform duty as In-charge, Chief Medical
Officer of the University till further order in addition to his
earlier assigned duty with immediate effect. It has further been
informed that appointment of Medical Officer or In-charge,
Chief Medical Officer is the responsibility of the University.
However, from an information in para 8 of the counter affidavit,
it would reveal that there appears some dispute regarding the
inter se seniority of Medical Officer working in the services of
the University. The University has also filed counter affidavit
which is on record. It has been reiterated that after relieving the
Patna High Court CWJC No.12454 of 2021 dt.21-04-2025
petitioner from her additional duties as In-charge, Chief Medical
Officer of Patna University, respondent no.5 has been
authorized to perform the duties as In-charge, Chief Medical
Officer of the University till further orders in addition to his
earlier assigned duty with immediate effect. In paragraph no.5 it
has been alleged that the petitioner failed to respond to the
request made by the Vice Chancellor and direction of the
University to extend best possible medical assistance to the
students, teachers and staff of the university, who were infected
in large numbers with Covid 19. The petitioner instead of
extending help created all sorts of hurdles with an intention to
delay the medical help to the affected persons. Ultimately the
University was left with no option than to relieve her and make
another senior most medical officer as In-charge to extend at
least basic medication to its teachers, students and staff. In
another paragraphs, I find that petitioner did not respond to the
telephonic request to prepare a contingency plan. The exigency
required during Covid 19 for like appointment of 12 doctors, 6
nurses, 6 para medical staffs besides the other equipment as per
the information contained in paragraph Nos.7 and 8 thereof. In
paragraph no.9, it has been stated that the petitioner in her
explanation dated 17.05.2021 accepted to follow the
Patna High Court CWJC No.12454 of 2021 dt.21-04-2025
instructions of the University but did nothing to provide relief
to the infected staffs and as such, contingency so required for
relieving her and giving additional charge of Chief Medical
Officer to Senior most Medical Officer/ Dr. Anil Kumar.
5. Heard the parties.
6. The petitioner in the present writ petition is
aggrieved by the order dated 18.05.2021 contained in letter
No.117/R issued by the Vice Chancellor of the University. The
entire globe was affected by Covid 19 and during the said
period, the petitioner was made In-charge, Chief Medical
Officer and was also assigned her additional duty to perform
duty of In-charge Medical Officer till further orders. The
situation demanded to help the humanity in general and in
particular, the petitioner who was made In-charge was to take
care of students and staff of Patna University. Certain laches
were found on her part. The exigency required was to reach out
to the helpless immediately and provide at least first aid to save
the life. In the present writ petition, the petitioner has not been
able to make out a case, as to whether, as a result of such
eventuality and the demand of the situation and several SOPs
having been issued by the Central Government, as well as,
department, the petitioner can be held to be affected in any
Patna High Court CWJC No.12454 of 2021 dt.21-04-2025
manner by the order, by which which she has been relieved and
another doctor was appointed to provide immediate help to the
affected persons, particularly the doctors themselves, as well as,
the staff including the teaching and non-teaching staffs of the
University. The arrangement can only be said to be temporary in
nature to do needful as per the requirement, which the Globe has
faced because of such pandemic. However, I find that so far as
intimidating remark made against the petitioner by the
authorities of the University, which is contained in the counter
affidavit filed on behalf of the respondents no.3 and 4, must be
condemned.
7. I find that the petitioner has failed to make out a
case for interference in absence of any pleading, as well as, any
relief sought that her inter se seniority has been affected in
absence of preliminary information regarding her entitlement to
be posted as Chief Medical Officer, vis-a-vis other candidates.
8. The writ petition is accordingly dismissed.
9. Interlocutory Application(s), if any, also stands
dismissed.
(Purnendu Singh, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.04.2025
Transmission Date NA
