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2010 Supreme(Pat) 1563

PATNA HIGH COURT
Navaniti Prasad Singh, J.
Hari Narayan Thakur S/o Late Vidya Nand Thakur
Versus
Chancellor Of Kameshwar Singh Darbhanga Sanskrit University
Civil Writ Jurisdiction Case No. 7824 of 1996
Decided On : JULY 15, 2010

Headnote:University Laws-Academic qualifications-Cancellation of degrees of petitioner awarded by the university and changing his designation as Principal in charge from Principal-Principal is an ex-officio member of Governing Body-Petitioner was selected by Governing Body for being appointed as principal-Petitioner had necessary qualification for being made a regular principal with the year 1976 which he was so made-Vice-Chancellor while taking the matter of principalship held that the petitioner was wrongly being designated as Principal because the approval of university service commission was taken to his appointment-It was the responsibility of the university to seek approval of the university service commission before according its approval now after twenty two years the same Vice-Chancellor finds faults with the action taken twenty two years back and designated the petitioner as acting principal-He would be deemed to be Principal from date of his original appointment and would be deemed to be continuing as such for intent and purpose on pure legal and technical ground distinct from academic standard petitioners academic achievement is sought to be withdrawn and thus too after almost a decade and half-Impugned order passed by Vice Chancellor and Chancellor can not be sustained-Petitioner deemed to be a regularly appointed principal with effect from 1.7.1976 as was appointed by the university and all his academic qualifications would be valid for all purpose.

       AIR 1992 SC 152-Relied upon.

       .

JUDGEMENT

Navaniti Prasad Singh, J.

1. By this Writ Application the Petitioner has challenged firstly the Order of the Vice Chancellor of Kameshwar Singh Darbhanga Sanskrit University by which his designation as Principal has been changed to Principalin-charge, which later again was confirmed as Principal but with effect from 2008 though the Petitioner was appointed as Principal in 1976 and continued to act as such upto date. The second challenge is to the Order dated, 17th September, 1994 by which the Vice Chancellor has cancelled the degrees, as awarded by the said University, to the Petitioner over 20 years back.

2. The facts are long drawn with serious allegation across the board. In my view, it is not necessary to go into this question for the present.

3. Petitioner having done Intermediate in Science, took admission to pursue B.Sc. degree from Lalit Narain Mithila University. While doing so, he felt interested in taking graduate degree and pursue his study in Sanskrit as well. This had a pre-condition for a student from non Sanskrit curriculum who wanted to join Sanskrit curriculum. He had to pass eligibility examination as Uttar Madhyama Aandhit. While pursuing B.Sc, he sat for the said eligibility Sanskrit examination and passed. He thus became entitled to pursue Sanskrit curriculum academic as well. He then gave his B.Sc. examination from Lalit Narain Mithila University and passed. Almost simultaneously he appeared for examinations under Kameshwar Singh Darbhanga Sanskrit University for the course of Navin Shastri and passed. Navin Shastri is equivalent to graduation. Having passed Navin Shastri as well as B.Sc, Petitioner abandoned non Sanskrit curriculum qualification and became interested in Sanskrit curriculum. He accordingly then sat for Navin Acharya Examination of Kameshwar Singh Darbhanga Sanskrit University. In this examination he came first class first. This examination is equivalent to post graduate degree, i.e., M.A.

4. Thereafter, pursuant to an advertisement issued by the Governing Body of Vidya Nand Mithila Sanskrit Mahavidyalaya, Sanakat Mochan Dham, Darbhanga, he applied for the post of Principal and was duly selected by the Governing Body as Principal. Governing body then sent the name of the Petitioner to the University for approval as Principal. As would be evident from Annexure 5, the University through the Vice Chancellor by its letter dated, 9th November, 1977 approved the appointment of the Petitioner as Principal with effect from 1st July, 1976.There is no "ifs and buts" in the said letter of the Vice Chancellor/ University. The Petitioner being further interested in academics then undertook with the permission of the University to sit in further examination and obtained three further post graduate degrees equivalent to M.A., in some of which he came first class first. Thus, the Petitioners academic qualification in Sanskrit curriculum was equivalent to B.A. degree and four Post Graduate M.A. degrees. Petitioner then undertook Doctorate Research and the same University, i.e., Kameshwar Singh Darbhanga Sanskrit University ultimately awarded him Ph.D.

5. Having seen such high academic qualification, in a short span of time, all from the same University and having became Principal of an affiliated college of the same University dragged the Petitioner into controversy as well. Without going into the question of right or wrong only to complete sequence of event, the Governing Body took decision to dismiss four employees. University insisted payment of their salary. The Governing Body refused and University paid the salary. When University tried to coerce the Governing Body into taking them back, the College approached this Court and Universitys actions were stayed. The matter was again aggravated when further three employees were dismissed by the Governing Body of the College. This was again not liked by the University and gave rise to another controversy. Again the matter came to this Court and thi












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