2018 Supreme(Jhk) 19
IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRAMATH PATNAIK, J.
Dr. Dular Hajam - Petitioner
Versus
State of Jharkhand and others - Respondents
W.P. (S) No. 1790 of 2016
Decided On : 05-01-2018
For the Petitioner: M/s. Rajiv Ranjan, Manoj Kumar, Piyush Chitresh
For the Respondent: Mrs. I. Sen Choudhary, Mr. Anil Kr. Sinha, Mr. Sumir Prasad
The main legal point established in the judgment is that subsequent events, including the constitution of the Ad hoc Committee and the smooth functioning of the College under new appointments, rendered the relief sought by the petitioner unnecessary.
Headnote:
Appointment - Principal of Bhadrakali College - Jharkhand State University Act, 2000, Section 59(2), Section 60 - The court discussed the appointment of the Principal of Bhadrakali College in accordance with the Jharkhand State University Act, 2000, specifically focusing on the powers of the Governing Body and the University under Section 59(2) and Section 60. The court highlighted the legality and jurisdiction of the appointments made by respondent nos. 2 and 3, and the constitution of the Ad hoc Committee superseding the earlier notifications.
Fact of the Case:
The petitioner, initially appointed as a Lecturer, was appointed as Principal of Bhadrakali College. Disputes arose regarding the appointment and functioning of the Governing Body, leading to the issuance of multiple notifications and appointments by respondent nos. 2 and 3. The petitioner filed a writ petition seeking redressal of grievances.
Finding of the Court:
The court found that the relief sought by the petitioner had become infructuous due to subsequent events, particularly the constitution of the Ad hoc Committee and the smooth functioning of the College under the new appointments.
Issues: The issues revolved around the legality of appointments, the authority of the Governing Body, and the jurisdiction of the University under the Jharkhand State University Act, 2000.
Ratio Decidendi: The court determined that the relief sought by the petitioner was no longer necessary due to the subsequent events, specifically the constitution of the Ad hoc Committee and the functioning of the College under the new appointments.
Final Decision: The writ petition was disposed of as infructuous.
Pramath Patnaik, J.
In this writ application, prayer has been made for quashing of the notice dated 29.11.2015 issued by respondent no. 3 whereby the petitioner has been directed to appear before the respondent no. 2 in pursuance to order dated 29.10.2015 passed in W.P.(S) No. 4487 of 2015 and for quashing the notification dated 01.12.2015 issued by respondent no. 3 in terms of direction issued by respondent no. 2 whereby the respondent no. 5 has been appointed as Principal of Bhadrakali College till further orders and further prayer has been made for quashing of the notification dated 14.12.2015 issued by respondent no. 3 as per the order of respondent no. 2 whereby respondent no. 6 has been authorized to act as secretary of the Bhadrakali College, Itkhori and also prayer has been made for direction to the respondents restraining respondent no. 3 to interfere with the smooth functioning of the Principal.
2. The brief facts as averred in the writ application is that the petitioner was initially appointed on the post of Lecturer on 03.09.2004 and the petitioner was appointed as Principal by the Governing Body of the said College after due process of selection as per Rules and Provisions of the Jharkhand State University Act, 2000 vide letter dated 16.07.2006 as per Annexure-2 to the writ petition. The respondent-University constituted Adhoc Committee of the petitioner's college vide notification dated 22.08.2006. The respondent no. 2 constituted the Governing Body of the petitioner's College by notification dated 29.04.2009 and the petitioner was made Ex-Officio Member of the said Governing Body and Mr. Kumar Yashwant Narayan Singh the donor of the said College was declared member of the said Governing Body and the said Governing Body was constituted for three years as per the statute vide Annexure-4 to the writ petition. After issuance of permanent affiliation of the College, the respondent no. 1 has granted funds as an aided College in the year 2013 and thereafter, the respondent no. 1 has been continuously granting funds to the petitioner's college. Prior to grant of fund basing on the complaint, inquiry committee was constituted by the respondent no. 2 and the said inquiry committee submitted a report against the petitioner and the tenure of the Governing Body of College expired in the year 2012. Thereafter, the respondent no. 2 reconstituted the Governing Body by notification dated 02.04.2013 for a period of 3 years as per statute upto March, 2016 vide Annexure-6 to the writ petition. Basing on the inquiry report, the respondent no. 2 issued show cause to the Secretary of the Governing Body of the Bhadrakali College and the petitioner vide letter dated 29.05.2013. The Governing Body have called a meeting on 27.02.2014 for constituting of a Management Committee as per Section 60 of the Jharkhand State University Act and Statutes and the petitioner has been working as Principal-cum-Ex-Officio Member of the Governing body of the Bhadrakali College, Itkhori. Vide notification dated 09.02.2015 issued by respondent no. 3 as per the order of respondent no. 2 whereby the Adhoc committee has been constituted by the respondent no. 2 without dissolution of the earlier Governing Body of the petitioner's College. After issuance of show cause notice dated 27.07.2015, the secretary of the Adhoc Committee appointed Dr. Surendar Kumar in place of petitioner vide office order dated 28.07.2015 and the said order was challenged by the petitioner in W.P.(S) No. 4487 of 2015 and the writ petition was disposed of vide order dated 29.10.2015 with certain directions to the respondents. In pursuance to the aforesaid order passed by this Court in W.P.(S) No. 4487 of 2015, the Governing Body of the petitioner's College called meeting on 19.11.2015 and the petitioner communicated the decision of the Governing Body to the respondent no. 2 vide letter dated 24.11.2015 for approval of the meeting and further direction to the Governing Body and on