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2026 Supreme(Online)(Pat) 2954

PATNA HIGH COURT
MR. HARISH KUMAR, J
Hemnt Kumar – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Md. Kamaluddin, Adv., Ms. Priya, Adv., Mr. Md. Gul Khan, Adv.
For the Respondents: Mr. Vivek Prasad, GP-07, Mr. Sanjay Kumar, AC to GP-7, Ms. Roona, AC to GP-7
For the University: Mr. Pankaj Kumar Singh, Adv.
For the Chancellor: Mr. Amish Kumar, Adv., Mr. Krishna Chandra Jha, Adv., Mr. Satish Kumar Mehta, Adv.
For the Resp. No. 12: Mr. Shrinandan Prasad Singh, Sr. Adv., Mr. Kumar Sameer, Adv.
For the BSUSC: Mr. Tuhin Shankar, Adv.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 03-02-2026 Heard the parties.

2. The petitioner has approached this Court seeking a direction from this Court to declare the resolution no. ‘Gha’ dated 26.02.2024 taken by Managing Committee of the Wazirganj Mahavidyalay, Wazirganj, Gaya by which the respondent no. 12 has been declared suitable Assistant Professor to function as In-charge Principal of the said college is wholly illegal and unsustainable, besides the fact the petitioner no. 12 has been appointed by ignoring the claim of the petitioner.

3. Learned Advocate for the petitioner submitted that the respondent no. 12 has been appointed as an In-charge Principal, despite the fact he does not possess Ph.D degree, besides ignoring the claim of the petitioner that he is senior to the respondent no. 12. Reliance has also been placed on a decision rendered by learned Division Bench of this Court in L.P.A. No. 774 of 2024, wherein the Court has been pleased to hold that Ph.D eligibility is necessary to occupy the post of Assistant Professor, as such also for the post of In-charge Principal of the college.

4. Mr. Shrinandan Prasad Singh, learned Senior Advocate refuting the afore

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