Advocates:
['Suraj Narain Yadav', 'SUBASH CHANDRA MISHRA SC', '', 'Shashi Bhushan Singh']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6581 of 2020

======================================================

Md. Faisal Ahmad Son of Late Masroor Ahmad, Permanent Resident of

Village- Bari Borna, P.O. Borna, P.S.- Khagria Presently residing at Birauli

College Campus, P.O. R.I. Birauli, P.S. Pusha, District- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar

2.

The Principal Secretary, Department of Education, Government of Bihar,

Patna.

3.

The Joint Secretary, to the Government, Department of Education, Bihar,

Patna.

4.

The Director, Higher Education, Department of Education, Government of

Bihar, Patna.

5.

The Rural Institute of Higher Studies Birauli, P.O. R.I. Rural Birauli, P.S.

Pusha District-Samastipur through its Chairman.

6.

The Governing Body of Rural Institute of Higher Studies, Samastipur,

through its Chairman.

7.

The Education Minister, Department of Education Government of Bihar-

Cum-Chairman Rural Institute of Higher Studies, Birauli, Samastipur at

Present New Secretariat, Patna.

8.

Vinod Kumar Suman, Son of Ranjendra Prasad Singh, Presently Posted as

Director Rural Institute of Higher Studies, P.O. R.I. Birauli, P.S. Pusha,

District- Samastipur.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Suraj Narain Yadav, Advocate

For the Respondent/State :

Mr. Subash Chandra Mishra, SC 16

Mr. Shashi Bhushan Singh, Advocate

======================================================

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

ORAL JUDGMENT

Date : 29-03-2022

Heard learned counsel for the parties.

2. In the instant petition, petitioner has prayed for the

following relief/reliefs:

“That this is an application for issuance of

a writ in the nature of Quo warranto directing the

respondents to removed the respondent no. 8 from the

post of Director of the Rural Institute of Higher

Patna High Court CWJC No.6581 of 2020 dt.29-03-2022

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Studies, Birauli, Samastipur forthwith as he has been

holding the post illegally being appointed by authority

having no jurisdiction apart from other illegalities in

his appointment and to quash the notification as

contained in memo No. 884 dated 19.05.2016 issued

by the Joint Secretary to the Government, Department

of Education Bihar under the order of the Hon’ble

Governor by which respondent no. 8 has been

appointed.”

3. Eighth respondent was a candidate for recruitment to the

post of Director of the Rural Institute of Higher Studies, Birauli,

Samastipur. Among others he was a candidate. The method of

recruitment to the aforesaid post reads as under:

“Appointment. - (a) Director of the Institute-

(i) Pay – The pay and other allowances of the Director of

the Institute shall be at par with other officers in Bihar

Education Service Class-I as per decision of the State

Government, but he/she shall not be a Government

servant, since the Institute is an autonomous body.

(ii) Appointment to the post of Director: - For the regular

appointment to the post of Director of the Rural Institute

Birauli a selection committee shall be constituted by the

Chairman of the Institute consisting of the following: -

(a)

Principal

Secretary,

Education

Department/Secretary/Special

Secretary

(Higher

Education)

- Chairman

(b) Director, Higher Education

- Member

(c) Teacher not below the rank of Professor nominated by

the Chairman of the Institution

-Member

Patna High Court CWJC No.6581 of 2020 dt.29-03-2022

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(iii) The Selection Committee shall recommend the names

of three to five suitable persons alphabetically to the

governing body for the appointment to the post of

Director of the institute. The governing body may appoint

any of the recommended persons to the post of Director.

(iv) The following shall be the minimum

qualification/conditions for the appointment to the post of

Director of the institute:-

(a) Post Graduate Degree