IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8729 of 2011
Basant Kumar Choudhary, Sr. Advocate, son of late Hemant Kumar
Choudhary, resident of 5D/6, North Sri Krishna Puri, behind Rajesh Petrol
pump, PS Sri Krishna Puri, District Patna ........Petitioner
Versus
1. The State Of Bihar through the Minister, Department of Human
Resources Development, Patna
2. The Principal Secretary to the Governor, Raj Bhawan, Patna
3. The Chief Secretary, Government of Bihar, Patna
4. The Principal Secretary, Department of Human Resources
Development, Government of Bihar, Patna
5. The Chancellor, Universities of Bihar, Patna ......Respondents
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9 09-09-2011 Heard the parties.
Prime concern of the petitioner in this Public
Interest Litigation is to ensure that law is followed
strictly in matters of appointment to the various posts
in the Universities including the high posts of Vice
Chancellors and Pro Vice Chancellors.
We have delivered a judgement in relation to
the appointment of two Vice Chancellors of Magadh
University, Bodh Gaya and Veer Kunwar Singh
University, Ara and we have already clarified that
consultation required between the Chancellor and the
State Government is not only mandatory but should be
prior to making appointment. It has also been
2
highlighted that the consultation must be after giving
sufficient opportunity to the State Government to
render effective advice. In view of the decision
rendered by us Yesterday in the case of Subhas Prasad
Sinha Vs Dr. Pramod Kumar Singh & Others (LPA no.
822 of 2011 and one analogous case), the issues raised
in this Public Interest Litigation are largely answered.
This writ petition is, accordingly, disposed
of.
We have been informed that an Interlocutory
Application has been filed in this writ petition for
questioning certain appointments to the post of Vice
Chancellors made recently. We do not propose to
consider the cases of individuals in this Public Interest
Litigation. Hence, the Interlocutory Application shall
also be treated to be disposed of.
(Shiva Kirti Singh, J.)
(Shivaji Pandey, J.)
BKS/-