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ANJANI KUMAR SHARAN
Sanjay Kumar – Appellant
Versus
State of Bihar – Respondent
Anjani Kumar Sharan, J.—Heard learned counsel for the parties.
2. The present writ petition has been filed seeking the following reliefs:—
“(i) For issuance of appropriate writs order or directions by this Hon’ble High Court for quashing of the notification as contained in Memo No. BSU (Registrar)-06/2023-948/GS(I) dated 18.06.2024 issued under the signature of the Respondent No. 4 whereby and whereunder Hon’ble the Chancellor in exercise of power vested in him under Section 15 of the Bihar State University Act, 1976 (as amended up to date) has appointed the Respondent No. 7 against the post of the Registrar of the B.R.A. Bihar University despite the fact that she does not possess the requisite qualification as prescribed under the law for holding the post of the Registrar of the Bhimrao Ambedkar Bihar University, Muzaffarpur and has further removed the petitioner from the post of the Registrar, Bhimrao Ambedkar Bihar University, Muzaffarpur without following the Principles of Natural Justice and without any notice to the petitioner and without following the guidelines issued in this respect by the Governor’s Secretariat vide Memo No. –BSU- 45/2019-844/GS (I) dated 27.05.20 (Annexure
The Vice-Chancellor of a university has the authority to suspend and take disciplinary action against officers, including the Registrar, as per the Bihar State University Act, 1976.
The court emphasized adherence to procedural fairness and legitimate expectations in administrative appointments, allowing reinstatement due to unjust termination based on misrepresentation and ante-....
An employee appointed by deputation is entitled to due process, including notice and an opportunity to respond before removal, as mandated by statutory provisions and constitutional protections.
Appointments against sanctioned posts do not require prior approval from the State Government, allowing for post facto validation and regularization of service.
Section 57A(6) of the Bihar State Universities Act is inapplicable to teachers appointed after the stipulated date; University must process such appointments fairly.
The principles of natural justice necessitate a hearing prior to adverse administrative decisions impacting employment continuity, particularly when previous performance has been approved.
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