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SANJEEV PRAKASH SHARMA
Nagendra Kumar Pandey S/o Sri Sudama Pandey – Appellant
Versus
Chancellor of the University Sate of Bihar – Respondent
JUDGMENT :
1. The petitioner by way of this writ petition has assailed the order passed by the University dated 20th June 2019, whereby the University has directed to appoint the Respondent Dr. Shridhar Narayan Jha as the Principal In-charge of Shri Chhatradhari Sanskrit College, Hathua, Gopalganj and further directed the Principal In-charge to take steps of formation of the governing body.
2. The petitioner contends that he was handed over the charge of Principal of the college as the then Principal had proceeded on medical leave with effect from 16.11.2017. Since he was already holding the charge of Principal, there was no occasion for the University to have passed a fresh order of appointing Respondent No. 5 as Principal In-charge.
3. Learned counsel has also taken this Court to the letter dated 04.01.2018 sent by the Secretary of the governing body to the Vice Chancellor, whereby the name of the petitioner was recommended for appointment as Principal In-charge of the college. An approval was sought from the University. Learned counsel submits that the University had no authority in law to itself appoint the Principal In-charge of the private aided affiliated college and the entire
The University has the power to appoint an ad hoc Principal In-charge and exercises overall supervisory control on an affiliated college.
The University has the power to appoint an ad hoc Principal In-charge of an affiliated college, and the appointment must be in accordance with the relevant statutes and regulations.
The court ruled that administrative decisions regarding college principal appointments may be reviewed for compliance with statutory regulations, particularly UGC Guidelines, emphasizing the importan....
The court ruled that the authority to assign the Principal role resides with the Regional Additional Director, and orders issued without following proper protocols are invalid.
Point of Law : Irrespective of whether the University Acts under Entry 25 of List III or the Statutes framed there under are amended in line with the UGC Regulations or not, in view of its adoption b....
The Vice Chancellor can only constitute an Ad hoc Governing Body if no regular Governing Body exists, reaffirming the authority of the college's founders to form the permanent body.
Compliance with statutory requirements for appointment of Authorised Controller and the principle of 'Delegatus non potest delegare'
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