High Court Patna High Court - Orders

Dr.Kumkum Singh vs The T.M.Bhagalpur University … on 6 October, 2010

Patna High Court – Orders
Dr.Kumkum Singh vs The T.M.Bhagalpur University … on 6 October, 2010
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CWJC No.16246 of 2010
              Dr.Kumkum Singh, wife of Braj Nandan Singh, resident of Bara Bazar, P.S.-
              Kotwali, Town and District-Munger.                           -Petitioner.

                                       VERSUS

        1.   The T.M.Bhagalpur University, Bhagalpur, through its Registrar, namely, Dr.
             Rajeev Kumar Sinha.
        2.   The Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur, namely, Dr. K.N.
             Dubey.
        3.   The Pro Vice-Chancellor, T.M. Bhagalpur University, Bhagalpur, namely, Dr.
             Dhrub Kumar.
        4.   The State of Bihar, through the Principal Secretary, Department of Human
             Resources Development, Government of Bihar, Patna.
        5.   The Hon'ble Chancellor of Universities in Bihar, Raj Bhawan, Patna.
                                                                             -Respondents.
                                       -----------

02 06.10.2010 This is an unfortunate case which really does not

involve any legal issue. It has emanated because of conflicting order

issued by the University, the Chancellor and in a way compounded by

status quo order by this Court. A cloud of confusion was created

which no one attempted to clear in a proper and desirable manner and

now it is left to this Court to rescue every body.

Heard Mr. S.K. Ghosh, learned Senior Counsel for the

T.M.B. University, Mr. Shivendra Kishore, learned counsel for the

Chancellor, learned counsel for the intervener whose application is not

to be found on record and the learned counsel for the petitioner.

It appears that in the year 2009 a policy to transfer

teachers was issued by the office of the Chancellor. Pursuant thereto,

the Vice-Chancellor of the University in the year 2009 issued various

transfer orders transferring teachers from one constituent College to

other and from College to Department etc. It appears that in 2010 the

University revisited the issue. The Vice-Chancellor, accordingly,
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issued orders staying his earlier transfer orders of the year 2009. The

effect of this was the teachers who had moved pursuant to the transfer

orders of 2009 came back by virtue of the stay granted by the Vice-

Chancellor himself in the year 2010. The Chancellor intervened and

stayed the order of the Vice-Chancellor of the year 2010 staying the

transfer orders. The effect was that the 2009 transfer orders got

revived. University circulated the order of the Chancellor accordingly

to the concerned Principals as well.

The petitioner is a Principal of a constituent College at

Naugachia under the T.M.B. University. Upon receipt of the

University communication, issued pursuant to the orders of the

Chancellor, petitioner issued relieving orders, relieving the teachers

mentioned in the transfer order to enable them to join the transferred

post. This was done on 16.03.2010. In the meantime, large number of

teachers, who were victims of this transfer order, cancellation and

retransfer, had moved this Court. On 30.03.2010 this Court ordered

that status quo should be maintained as of that day. The problem starts

now. Some of the teachers appeared to have moved the University

because their position had become anomalies. They were in the

original College under orders of transfer. They had not relieved

themselves to join the new post but were shown to be relieved by the

Principal (the petitioner). University constituted a team to ascertain the

status of these persons. At that stage University was not advised to

move this Court for any clarification nor did those teachers who were

parties to the writ petition in which status quo was granted choose to
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move this Court for clarification of their status. The University

constituted a Committee on 05.06.2010 to examine the matter. At the

instance of the Committee, the University issued notification dated

23.07.2010 (Annexure-5). By this notification, University held and

directed that the persons named therein, in view of the status quo order

of this Court passed on 30.3.2010, be allowed to rejoin their original

place of posting. The order aforesaid relates to different persons of

different Colleges and Departments as well. This puts the petitioner in

a tight spot. She had on 16.03.2010 relieved some of the teachers,

who were under orders of transfer. The status quo order followed on

30.03.2010. Now the University was directing her to permit those

persons to rejoin by order of University being issued on 27th July

2010. She represented to the University as to what is to be done but

she was also advised to come to this Court for clarification. The later

was the right step taken by her. She intervened in the writ petition

seeking clarification. This Court heard the said writ petition being

C.W.J.C. No.4229 of 2010 and disposed of by order dated 08.09.2010,

noticing intervention of the Principal and noticing that in view of the

uncertainty created by transfer, stay of transfer, stay of stay of transfer

and status quo granted by this Court, the matter should now be cleared

of uncertainty by the Chancellor and it was expected that the

Chancellor would act accordingly. But, it appears that before

Chancellor could take any action, reactions were there in the

University. Petitioner, the Principal was feeling aggrieved by being

forced to disobey the status quo order of this Court, the Vice-
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Chancellor was feeling aggrieved as his authority was being

undermined by the Principal, the University Officers were aggrieved

by the conduct of the Principal, who was not obeying the direct orders

of the Vice-Chancellor passed pursuant to the Committee. This

friction should have ended if the Chancellor intervened in the matter

and cleared the situation.

Petitioner’s defence is that she has only wanted to be on

the right side of the Court. On the other hand, the Vice-Chancellor felt

that certain persons were wrongly shown as relieved and should be

permitted to rejoin, notwithstanding the orders of the status quo, as the

Vice-Chancellor was only restoring the as it existed. The outcome of

this friction was that the petitioner’s financial and administrative

power was seized by the impugned order and she was asked to report

to the University, effectively transferring her from the College to

wherein in the University was not known.

In my view, everyone has become over sensitive to a

non-issue. If any clarification was required, it should have been

sought from the Court because the last confusion if any or if at all was

created by this Court by grant of status quo. No one except the

petitioner approached this Court. Not even the persons who were

party to the writ petition and were affected. They chose not to move

this Court instead chose to move the University.

In fitness of things, pending final orders from the

Chancellor, which I am informed would be taken very soon, if not

already taken, the Vice-Chancellor should consider restoring the
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position of the petitioner as the Principal and, consequently, the

petitioner would permit the persons, as contained in communication of

the order as contained in Annexure-5, to join because on that day

when the said writ petition was finally disposed the University had

already issued orders to the Principal to accept the rejoining of those

persons.

In my view, University and Colleges are meant for

academics and not as a battle ground for vindicating prestige of

individual personalities.

Let all parties act accordingly.

With these observations, the writ petition stands

disposed of.

Trivedi/                        (Navaniti Prasad Singh, J.)