PRAMOD KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed by the two Petitioners who are Senior Teachers working under Universities of Bihar. Petitioner No. 1 also happens to be the President of the Bihar State University Teachers and Staff Welfare Association having registration No. 4-51/2000. They want quashing of appointment of two Vice-Chancellors of Veer Kunwar Singh University, Arrah and Magadh University, Bodh Gaya in light of the facts and materials which emerge. The appointments have been made by the Chancellor of the Universities by exercising power under Section 10(2) of the Bihar Universities Act, 1976 (hereinafter referred to as the said Act). They term the two appointments to be illegal and in clear violation of the said provision. When the writ application was filed, the Petitioners did not have the requisite notifications in their hand. Therefore, it was not brought on record initially but has been now annexed with I.A. No. 4865 of 2010 as Annexures-7 and 8. A prayer has also been made in the said I.A. to now quash these two notifications dated 9.4.2010 and 15.4.2010, respectively. I.A. No. 4865 of 2010, therefore, is allowed.

(2.) The primary question which has been raised and is required to be answered in the present writ application is whether the Chancellor of the Universities of Bihar has exercised the power of appointment of Vice-Chancellors in accordance with the laid down statutory provision or the appointment of the two Vice-Chancellors, namely, Respondent Nos. 5 and 6 are in breach thereof.

(3.) The relevant provision is required to be reproduced for ready reference as the submissions of the parties to the dispute hinges on the interpretation of the provisions laid down in the said section. Section 10(1) and (2) of the Act are reproduced hereinbelow: