Citation : 2026 Latest Caselaw 353 Patna
Judgement Date : 9 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1221 of 2025
======================================================
Arvind Kumar Singh son of Late Gupteshwar Singh, Resident of New Area,
Near Dr. Ramashish Singh, P.S.-Aurangabad Town, District-Aurangabad,
Bihar-824101.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Government of Bihar, Patna.
2. The Magadh University through the Registrar, Magadh University,
Bodhgaya.
3. The Registrar, Magadh University, Bodhgaya.
4. The Additional Secretary, Rajbhawan Sachivalaya, Bihar, Rajbhavan, Patna.
5. The Ad-hoc Committee through the Secretary, Thakur Brahmadev Sinha
Janta College, Akauna, Goh, Aurangabad, Bihar.
6. The President, Ad-hoc Committee Thakur Brahmadev Sinha Janta College,
Akauna, Goh, Aurangabad, Bihar.
7. Shri Narendra Kumar, the Secretary, Ad-hoc Committee Thakur Brahmadev
Sinha Janta College, Akauna, Goh, Aurangabad, Bihar.
8. Dr. Vinod Kumar Singh, Professor, Department of Zoology, Thakur
Brahmadev Sinha Janta College, Akauna, Goh, Aurangabad, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shekhar Singh, Sr. Adv.
Mr. Avinash Kumar Singh, Adv.
Mr. Sumit Kumar, Adv.
For the State : Mr. Sarvesh Kumar, GP-24
For the Res. No. 7-8 : Mr. P N Shahi, Sr. Adv.
Mr. Amit Anand, Adv.
Ms. Deeksha Singh, Adv.
Mr. Pushkar Prabhat, Adv.
Mr. Ajay Kumar Singh, Adv.
For the Chancellor : Mr. Amish Kumar, Adv.
Mr. R K Giri, Adv.
For the University : Mr. Siddharth Prasad, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 09-02-2026
At the outset, Mr. Sumit Kumar, learned Advocate for
the petitioner seeks permission to make the Secretary of the
governing body of the College as a party respondent no. 9.
2. Permission is accorded.
Patna High Court CWJC No.1221 of 2025 dt.09-02-2026
2/4
3. Let the same be done in course of the day.
4. Heard Mr. Shekhar Singh, learned Senior Advocate
with Mr. Sumit Kumar, learned Advocate for the petitioner. The
University is represented through Mr. Siddharth Prasad, learned
Advocate. The respondent nos. 7-8 are represented through Mr.
P N Shahi, learned Senior Advocate with Mr. Ajay Kumar
Singh, learned Advocate. Mr. Amish Kumar, learned Advocate
representing the learned Chancellor of the University.
5. The petitioner is aggrieved with the order contained
in letter bearing No. GIIIA/01/25 dated 09.01.2025, issued
under the signature of the Registrar, Magadh University, Bodh
Gaya in pursuance to the order of the Vice Chancellor, Magadh
University, Bodh Gaya; whereby the respondent no. 8 has been
appointed as In-charge Principal of the College, in question, in
anticipation of meeting of the Ad-hoc Committee and further the
appointment of the petitioner as In-charge Principal has been
cancelled.
6. Drawing the attention of this Court to the impugned
order, it is vehemently contended by learned Senior Advocate
for the petitioner that the petitioner has been removed from the
post of In-charge Principal by making certain allegation and, as
such, the impugned order is stigmatic in nature, nonetheless,
the petitioner has been deprived from any opportunity of
Patna High Court CWJC No.1221 of 2025 dt.09-02-2026
3/4
hearing before passing the order and, as such, the same is said to
be in complete violation of the principles of natural justice.
7. Mr. P N Shahi, learned Senior Advocate
representing the respondent nos. 7-8 interjected at this position
and submitted that now the regular governing body has been
duly constituted in compliance with the order passed by this
Court in CWJC No. 11573 of 2023 by the order of the Vice
Chancellor, as contained in Memo No. GIIIA/220/25 dated
11.12.2025
. Once the regular governing body has been
constituted, if the petitioner is aggrieved with the action of the
Ad-hoc Committee or by the author of the impugned order i.e.
Secretary of the Ad-hoc Committee, he may approach before the
duly constituted regular governing body, bringing on record the
entire facts and the points raised before this Court. The
petitioner has also an alternative remedy, as stipulated under the
Bihar State Teaching Institutions Teachers and Employees
(Disputes, Redressal and Appeal) Rules, 2020 especially in
terms of Clause 13(VII) of the Rules, 2020.
8. Mr. Siddharth Prasad, learned Advocate for the
University also acknowledged the aforesaid facts and submitted
that since the dispute is with regard to appointment of In-charge
Principal of an affiliated college, the same is required to be
resolved by the regular governing body and if the petitioner is Patna High Court CWJC No.1221 of 2025 dt.09-02-2026
not satisfied by the order of the governing body, he has the
remedy to approach before the syndicate of the University.
9. Having considered the submissions advanced by
learned Senior Advocate/learned Advocate for the respective
parties and taking note of the nature of the dispute, this Court
does not find any reason or occasion to entertain the present writ
petition and direct the petitioner to approach before the regular
governing body by filing a detailed representation, bringing on
record all the facts and the grounds, inter alia, the order is in
complete disregard and violation of the principle of natural
justice.
10. In case such an application/representation is filed
before the regular constituted governing body, it is expected that
the newly constituted governing body shall look into the matter
and pass an appropriate order, after giving opportunity of
hearing to all the stake holders, within a period of six weeks,
from the date of receipt/production of a copy of this order.
11. The writ petition stands disposed off.
(Harish Kumar, J) shivank/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 11.02.2026 Transmission Date NA
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