Nalanda University, through Vice Chancellor vs Murari Kumar Jha, son of Mr. Chandra Kumar Jha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Pat) 293

IN THE HIGH COURT OF JUDICATURE AT PATNA
SANGAM KUMAR SAHOO, C.J., HARISH KUMAR, J.
The Nalanda University, through Vice Chancellor – Appellant
Versus
Dr. Murari Kumar Jha, son of Mr. Chandra Kumar Jha – Respondent
Letters Patent Appeal No.22 of 2025 In Civil Writ Jurisdiction Case No.3979 of 2020
Decided On : 10-04-2026

Advocates Appeared:
For the Appellant : Mr. Anjani Kumar, Sr. Adv. with Mr. Amit Kumar Jha, Adv.
For the Respondents: Ms. Sharukh Alam, Adv., Mr. Shantanu Singh, Adv., Mr. Kamaresh Singh, Adv.

Headnote:
Patna High Court Rules, 1916 – Clause 10 of Chapter IX – Letters Patent Appeal – Both Single Bench and Division Bench exercise same jurisdiction under Article 226 of Constitution of India – Exercise of intra-court appeal jurisdiction is warranted only where judgment or order under challenge is demonstrably erroneous or suffers from perversity – Such jurisdiction ought not to be invoked merely because another view is possible on same set of facts, particularly where view adopted by Single Judge is a plausible and reasonable one – Letters Patent Bench sits as a "Court of correction" and corrects its own order in exercise of same jurisdiction as was vested in Single Bench – Parties are always at liberty to raise a mixed question of facts and law, besides any plea touching jurisdiction of authority/court. (Paras 19.1, 19.2, 19.3 and 19.4)
Constitution of India – Article 311 – Temporary government servant or probationers are as much entitled to protection of Article 311(ii) of Constitution as permanent employee, despite the fact that they have no right to hold the post and their services are liable to be terminated at any time by giving a month's notice in terms of contract or service or under relevant statutory rules regulated terms and conditions of such service, if in any way not punitive and stigmatic in nature – Termination of service brought about by exercise of a contractual right is not per se dismissal or removal – If termination of service is founded on right flowing from contract or service rules then, prima facie, termination is not a punishment and carries with it no evil consequences and so Article 311 is not attracted – If termination of service is sought to be founded on misconduct, negligence, inefficiency or other disqualification, then it is a punishment and requirements of Article 311 must be complied with. (Para 20.2)
Service Law – Termination of Probationer – Probationer ought to have been at least sounded about his performance during period of probation – Services of probationer must be seriously and properly assessed – In case of any deficiency in his service, he must be warned regarding such failure – Merely because employee is appointed on probation and as soon it is completed, he cannot be thrown out of employment arbitrarily – Impugned order is neither punitive/ stigmatic nor petitioner has been discontinued on account of his deficiency, rather it is only an order simplicitor, not extending contractual period after termination of period of contract – Appeal partly allowed. (Paras 20.9 and 20.11)
Nalanda University Act, 2010 – Section 13 – Office order pertaining to appointment of petitioner as an Assistant Professor on contract, was issued in pursuance of approval of Governing Board of Nalanda University which is said to be competent authority to extend appointment on post of Assistant Professor, even on contractual basis – Presumption is always in favour of bonafide of order unless it is contradicted by acceptable materials. (Para 22.2)
Constitution of India – Article 226 – Express desire and volition of employee has been accorded prominence; as consent, either express or implied, is sine qua non for arbitration – Rule of exclusion of writ jurisdiction in case of alternative remedy is rule of discretion and not a rule of compulsion – Access to High Court by way of a writ petition under Article 226 is not a constitutional right, but also a part of basic structure – Power to issue prerogative writ under Article 226 of Constitution is plenary in nature and same is not limited by any provision of Constitution and cannot be restricted or circumscribed by a statute. (Para 23.2)

JUDGMENT :

HARISH KUMAR, J.

This Court has extensively heard Mr. Anjani Kumar, learned Senior Advocate with Mr. Amit Kumar Jha, learned Advocate for the appellants-Nalanda University and Ms. Sharukh Alam, learned Advocate with Mr. Shantanu Singh, learned Advocate for the petitioner-respondent no. 1 herein.

2. The present intra-court appeal has been preferred by the appellants against the judgment and order dated 10.12.2024 passed by the learned Single Judge of this Court in C.W.J.C. No. 3979 of 2020 holding as follows:-

“Having heard learned counsel for the parties, considering the entire conspectus of the case and after going through the case records available on record, I am of the considered opinion that so far as the question of extension of Tenure Track is concerned, it is left to the wisdom of the Vice- Chancellor of the University to consider it, especially considering the entire track record and excellent performance of the petitioner within a period of two months, if the petitioner files an application showing his eagerness to rejoin the post. So far as the arrears of the increment, D.A. and other emoluments, if any, are concerned, the University is directed to calculate it in accordance with law and the same is directed to be paid to the petitioner within a period of three months from the date of receipt/production of a copy of this order. If the said payment is not made within the stipulated period, the same shall be made with an interest at the rate of 10% per annum from the date it is due till its payment.”

3. The short facts, relevant for adjudication leading to filing of the present appeal, are summarized herein below:-

(a) Nalanda University, an international university of national importance under the aegis the Ministry of External Affairs, Government of India, is created under the Nalanda University Act, 2010, enacted by the Parliament.

(b) In pursuant to job advertisement dated 19.12.2013, inviting applications for various positions at Nalanda University, including for Tenure Track positions as Assistant Professor, the writ petitioner, holding the requisite qualification, applied for the post of Tenure Track position of Assistant Professor in the School of Historical Studies, Nalanda University, on 03.01.2014. Having gone through the rigors of interview process, the petitioner was declared successful and vide offer letter dated 23.06.2014, he was invited to join the University on the terms and conditions mentioned therein which he accepted and submitted his joining on 01.01.2015. An agreement between the petitioner and the University was reduced to writing in the form of a Faculty Employment Contract on 24.11.2015, inter alia, with the stipulation that the appointment is covered and governed by the provisions of the Nalanda University Act, 2010 along with Statutes, Ordinances and Regulations thereunder with further terms of employment that there will be tenure review at the end of 3^rd year. Following the review process, on completion of contract, the services of the employee may be considered for confirmation or termination. On 17.11.2017, the Tenure Contract of the petitioner was extended from 01.01.2018 to 31.12.2018 on the existing terms and conditions.

(c) In the meanwhile, in the month of April, 2018 the petitioner was offered a Post-Doctoral/Visiting Fellowship at the Weatherhead Initiative on Global History at Harvard University, USA for a period of 10 months beginning from August, 2018. On 25.04.2018, the petitioner submitted application for grant of leave without pay from 01.08.2018 to 31.05.2019, copy of which is marked as R/4 to the counter affidavit.

(d) Considering the request, for availing the residential fellowship scheduled to be held with effect from August 01, 2018 as visiting fellow at Weatherhead Initiative on Global History at Harvard University, the Registrar, Nalanda University issued a ‘no objection’ in this regard on 03.08.2018 (Annexure-10) followed by office order dated 23.08.2018 (Annexure