Ph.D. Being Essential Criteria For Appointment Was Obtained Earlier: Patna HC Dismisses Plea To Quash Appointment Of Junior Professor As Principal-In-Charge Of Magadh University
|The Patna High Court has dismissed a writ application filed by a Lecturer seeking quashing of an order issued by Magadh University appointing the Respondent to the post of Principal In-charge in view of the fact that the Respondent had acquired his Ph.D. Degree 8 years prior to the writ Petitioner, who is senior to him.
The Petitioner had approached the High Court with an application for issuance of direction for quashing the order issued by the Magadh University’s Registrar whereby Respondent No.7, Dr. Krishan Murari Sah had been appointed as Principal in the Charge, allegedly ignoring all the rules and regulations regarding seniority.
The Division Bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy held, “ In view of the facts and circumstances of the case stated herein above, the undisputed fact of the respondent no.7 having obtained his Ph.D. ie eligibility to occupy the post of Assistant Professor eight years prior to the writ petitioner together with the findings of the enquiry committee, there remains no doubt that the respondent no.7 ranked senior to the writ petitioner and was rightly made In charge Principal of the college.”
Advocate Hansraj represented the Petitioner while Advocate Surendra Kumar Singh represented the Respondent.
The Petitioner contended that in spite of Respondent No. 7 being much junior to the Petitioner, Respondent No.7 was made Principal-in charge in violation of the University laws.
On the contrary, it was the case of the Respondent-Magadh University that the Managing Committee of the college in its meeting appointed Respondent No.7 as Principal-in-charge. On a representation having been filed by the petitioner, an enquiry committee was constituted by the University and on the basis of its recommendation, the University appointed Respondent no.7 as Principal-in-charge.
The Bench took note of the fact that Respondent no.7 obtained his Ph.D. degree in the year 2003, the Petitioner got her Ph.D. only in the year 2011.
Reliance was placed upon University Grant Commission (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 which provides that the minimum qualification required for the post of Assistant Professor, Principal etc. is that the candidate must have cleared the National Eligibility Test (NET) conducted by the UGC or by the CSIR or the candidate must have obtained a Ph.D. degree.
“The respondent no.7 thus had acquired the eligibility much prior to the petitioner”, the Bench noted. It further transpired from the counter affidavit of the Magadh University that the Committee was of the opinion that amongst the Petitioner and Respondent No.7, the Respondent No.7 was senior.
The Bench took note of the fact that Respondent No.7 had obtained his Ph.D. i.e. eligibility to occupy the post of Assistant Professor eight years prior to the writ Petitioner. Moreover, the Bench also considered the Committee’s findings and reports which were in the Respondent’s favour.
Thus, dismissing the writ application as well as the appeal, the Bench held, “...there remains no doubt that the respondent no.7 ranked senior to the writ petitioner and was rightly made Incharge Principal of the college.”
Cause Title: Kiran Kumari Sah Versus The State of Bihar [LPA No. 774 of 2024 in Civil Writ Jurisdiction Case No.17125 of 2023]
Appearance:
Petitioner: Advocates Hansraj and Apurva Kumar
Respondents: Standing Counsel Raghwendra Kumar, Advocates Surendra Kumar Singh, Md. Kamaluddin & Manini Jaiswal