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2011 Supreme(Pat) 954
PATNA HIGH COURT
Ajay Kumar Tripathi, J.
Dr. Pramod Kumar Singh S/o Late Rajeshwari Prasad Singh
Versus
State Of Bihar Through The Secretary (Higher Education), Human Resource Development department, Govt, Of Bihar, Patna
CWJC No. 8141 of 2010
Decided On : MAY 4, 2011
Headnote:University laws-Chancellors power of appointing vice-chancellors of university-Whether such power is absolute or subject to consultation with the State Government?-Appointments of Vice-chancellors of Veer Kunwar Singh University and Magadh University are sought to be quashed-No doubt, under the statute, specially Section 10(1) of the Bihar Universities Act, 1976, power to make appointment on the post of Vice-Chancellor has been vested in the chancellor but this power is not an absolute power because the opinion of the Chancellor with regard to suitability or otherwise of such person is subject to pre-condition that such appointment shall be made by the chancellor on due consultation with the State Government-There ought to be material available between the state and chancellor on which consultation have to be made and there has to be material showing deliberations-In the present case, there was no substantive material which was discussed between the erstwhile Minister of H.R.D. and the chancellor with regard to the appointment of the two vice-Chancellors of the respective Universities-State Government never passed on any opinion, information or material to the office of the chancellor by way of recommendation-Consultation with the State must be effective- There is no absolute power of the chancellor to make appointment on the post of the Vice Chancellor or Pro-vice chancellor at his level without the consultation with the state-Appointment of both the vice chancellors quashed-Writ application allowed.
(Paras 7, 50, 52 and 55)
2009(1) PLJR 516; AIR 1977 SC 2328; AIR 1982 SC 149; (1947)2 All E.R. 496; (1948)1 All E.R. 13; (1986)1 All E.R. 164; (2002)4 SCC 524; 1994 (1) PLJR 473 -Referred to.
Ajay Kr.Tripathi, J.
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:
10. The Vice-Chancellor.- (1) No person shall be deemed to be qualified to hold the office of Vice-Chancellor unless such person is, in the opinion of the Chancellor, reputed for his Scholarship and academic interest, and no person shall be deemed to be qualified to hold the office of Vice-Chancellor of Kameshwar Singh Darbhanga Sanskrit University unless such person is, in the opinion of the Chancellor, reputed for his Scholarship in Sanskrit or has made knowledgeable contribution to Sanskrit Education.
(2) The Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Government, (emphasis mine).
4. Opening submission on behalf of the petitioners is that the appointment made to the two Universities, namely, Veer Kunwar Singh University, Arrah and Magadh University, Bodh Gaya under the purported exercise of power under Section 10(2) of the Act is in actual breach of the same because there is sufficiency of material to show that there was no consultation with the State Government within the meaning of the Statute before the two notifications contained in Annexures-7 and 8 came to be issued. Learned counsel for the petitioners submits that this stand or assertion is being made not from the news-paper reports which indicate that there was no consultation but also from the information which the petitioners had sought under the Right to Information Act from the Human Resources Development Department, Higher Education, Government of Bihar as well as the office of the Chancellor which clearly indicate that there was no consultation with the State Government on the question of appointment of two Vice-Chancellors, which is mandatory under Section 10(2) of the Act.
5. Contention of the learned counsel is that the said information does not stand in isolation but is supported by other circumstantial evidence which exist on record to show that the State Government was not consulted by the Chancellor before appointment of the two respondents on the post of Vice-Chancellor because soon after the notifications were issued appointing them on the post, the Human Resources Development Department (hereinafter referred to as H.R.D.) issued a l
