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2025 Supreme(Pat) 98

IN THE HIGH COURT OF JUDICATURE AT PATNA
ANJANI KUMAR SHARAN, J.
CWJC No.10496 of 2024
(14.2.2025)
Sanjay Kumar ... Petitioner
vs.
State of Bihar & Ors. ... Respondents

Advocates Appeared:
For the Petitioner: M/s Dhananjay Kashyap, Gyan Shankar.
For the State : Standing Counsel-4.
For the Resp. Nos.2 & 4 : M/s Janardan Prasad Singh, Sr. Adv., Rajiv Ranjan Kumar Pandey.
For the B.R.A.B. University : Mr. Bindhayachal Rai.
For the Resp. No. 7 : M/s Santosh Kumar, Sr. Adv., Madhurendra Sharma, Pawan Kumar, Utsav.

Headnote:

Constitution of India – Article 226 – Writ petition – maintainability on the ground of availability of alternative remedy – availability of alternative remedy is a self-imposed restriction and it is not a compulsion – The instant writ petition maintainable as being the specific case of violation of the principles of natural justice. (Para 26)

Bihar State University Act, 1976 – Sections 7, 8 & 15 – Transfer of Registrar – Petitioner assailing the order relieving him from the post of Registrar of BRA Bihar University and posting him at R.N. College, Hajipur – Respondents taking the plea that it is a case of transfer – The post of Registrar is not only a post of repute but it embodies the functionality of discharging important decisions as well as representative character – It is a post of high accountability and high responsibility – If the post of Registrar is pivotal to a University, then the appointment as well as termination has to be done in a prescribed procedure and it cannot be an act of haste under the shadows of opaqueness and subjectivity – From Section 8 and Section 15(3)(3) of the Bihar State University Act, 1976, the legislative intent becomes clear that the "transfer" presupposes "equivalency of the post" and it is not the case that the petitioner has been transferred from B.R.A. Bihar University to another University at the post of Registrar, whereas it is the case that the Respondent No. 7 has been appointed at the place of the petitioner and then the petitioner has been posted to Hajipur, thus not maintaining the equivalency of the post of Registrar shows that it is not the case of transfer simplicitor – Petitioner having been terminated/removed from the post of Registrar on the basis of evaluation of his performance and such act cannot be shielded in the usage of innocuous phrases like relieving or transfer and it does not definitely become a case of transfer and under Section 15(3)© of the Bihar State University Act, 1976 – It is settled law that innocuous expressions by usage of phrases like relieving does not change the nature of order and the real test for examination of the order is to see if the person served with such order is faced with any disadvantage or stigma and if the answer is in affirmative then such order has to be passed in strict observance of established procedures as well as principles of natural justice – If there is a prescribed process for termination of any person from the post of Registrar, then such process cannot be simply brushed aside by saying that this procedure is not applicable – Relieving the petitioner from the post at Registrar of B.R.A. Bihar University amount to removal/termination in total disregard to the procedure provided therein terms of letter issued by the Hon'ble Chancellor's office and as such is bad in law as well as appointment of respondent no. 7 in his plans as Registrar of B.R.A. Bihar University in spite of her being ineligible in flagrant violation of the statutory mandatory requirement as contained in Section 15 of the Bihar State University Act, 1976 is unsustainable in eye of law – Both impugned orders quashed – Writ petition allowed. (Paras 28, 29, 30, 31, 34 & 41)

Whirlpool Corporation Vs. Registrar of Trademarks Mumbai, (1998) 8 SCC 1; Mohan Singh Vs. International Airport Authority of India, (1997) 9 SCC 132 – Relied upon.

Reserve Bank of India Vs. Peerless General Finance and Investment Co. Ltd., AIR 1987 SC 1023; Radha Krishan Industries Vs. State of Himachal Pradesh, AIR 2021 SC 2114; Nazir Ahmad Vs. King Emperor, 1936 SCC OnLine PC 41; Cherukuri Mani Vs. Chief Secretary, Government of Andhra Pradesh, 2014 (3) BLJ 100 (SC) : (2015) 13 SCC 722 – Referred to.

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- P/11).

(ii) For issuance of appropriate writs order or directions for quashing of the notification as contained in Memo No. B/1612 dated 19.06.24 issued under the signature of new incumbent (i.e. Dr. Aprajita Krishna) being the Registrar of the Bhimrao Ambedkar University, Muzaffarpur by which it has been notified that the Respondent No. 7 has assumed the charge of the office of the Registrar of the Bhimrao Ambedkar Bihar University, Muzaffarpur with effect from the afternoon of 19th of June 2024, on the ground that the Respondent No. 7 does not possess the basic and requisite qualification for holding the post of the Registrar and her appointment against the post of the Registrar of the B.R.A. Bihar University not in consonance with the stipulations and procedures mentioned in Section 15 Bihar State University Act, 1976 (as amended up to date).

(iii) Further, for issuance of appropriate writs, orders or directions for quashing of the office order as contained in Memo No. B/1620 dated 20.06.24 issued under the signature of the Registrar of B.R.A. Bihar University, Muzaffarpur whereby and whereunder the Respondent No. 7 without any jurisdiction of power has relieved the petitioner from the post of the Registrar of the B.R.A. Bihar University, Muzaffarpur.

(iv) And, the appropriate writs, orders or directions may be issued by this Hon’ble Court for quashing of the office order as contained in Memo No. B/1620 dated 20.06.24 issued under the signature of the Registrar of B.R.A. Bihar University, Muzaffarpur whereby and whereunder after being illegally relieved from the post of the Registrar of the University, totally in malafide, illegal and arbitrary manner the petitioner has been posted at R.N. College, Hazipur in place of being reverted to his parent and original place of posting ie. University Department of Economics, Social Science Block, BRA Bihar University, Muzaffarpur

(v) And further appropriate writs, orders and directions may be issued by this Hon’ble High Court to the office of the Chancellor of the Universities of Bihar, Rajbhawan, Patna (the Respondent No. 2 and 4) to produce the original related records before this Hon’ble Court fore ascertaining the fact that on what grounds the petitioner has been removed from the post of the Registrar without giving any notice to him and whether the due process of law as mentioned in Section 15 and Section 10 of the Bihar State University Act and the provisions under related statutes and law as propounded by the Court of Law have been followed in the appointment of the Respondent No. 7 against the post of the Registrar and if the same is found to be illegal and alien to law then in that case the whole process of removal of the Petitioner from the post of the Registrar of the B.R.A. Bihar University, Muzaf

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