IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.610 of 2011
In
Civil Writ Jurisdiction Case No. 17804 of 2009
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Dr.Vijay Shankar Rai S/o Sri Bhola Rai Previously posted as Principal
RLSY College, Bakhtiarpur, Presently posted at Jagjivan Ram College,
Gaya
…..Respondent No.13/ Appellant
Versus
1. The State of Bihar through the Principal Secretary, Human Resources
Development Department, Govt. of Bihar, New Secretariat, Patna
2. The Chancellor, Universities of Bihar, Raj Bhawan, Patna
3. The Magadh University, through the Registrar Magadh University, Bodh
Gaya.
4. The Vice-Chancellor-cum-Chairman of Selection Committee Magadh
University, Bodh Gaya
5. The Registrar Magadh University, Bodh Gaya.
…Respondents/Respondent 1st Set
6. Dr. Om Prakash Singh S/o not known at present working as Principal,
A.N.S. College, Nabinagar, Distt. Aurangabad
7.Dr. (Mrs.) Usha Vidyarthi W/o not known at present working as Principal,
Mahila College, Khagaul, Distt.-Patna
8.Dr. Vinay Krishna Tiwary S/o not known at present working as Principal,
G.J. College, Rambagh, Bihta, Distt.-Patna
9.Dr. Praveen Kumar S/o not known at present working as Principal,
Daudnagar College, Daudnagar, Distt. Aurangabad
10.Dr. (Mrs.) Sheela Singh W/o not known at present working as Principal,
R.M.W. College, Nawada
11.Dr. Pushpendra Kumar Verma S/o not known at present working as
Principal, S.M.D. College, Punpun, Distt. Patna
12.Dr. Upendra Prasad Singh S/o not known at present working as Principal,
S.P.M. College, Udantpuri, Distt. Nalanda
13.Dr. (Mrs.) Rekha Kumari W/o not known at present working as Principal,
Nalanda Mahila College, Biharsharif, Distt.-Nalanda
14.Dr. Dinesh Prasad Sinha S/o not known at present working as Principal,
R.L.S.Y College, Aurangabad, Distt. Aurangabad
15.Dalbir Singh S/o not known at present working as Principal, S.G.G.S.
College, Patna City, Distt. Patna
16.Dr. Md. Shamsul Islam S/o not known at present working as Principal,
S.M.S.G. College, Sherghati, Distt.-Gaya
17.Dr. Sunil Suman S/o not known at present working as Principal, T.S.
College, Hisua, Distt. Nawada
18.Dr. Arjun Sharma S/o not known at present working as Principal, K.L.S.
College, Nawada
19.Dr. Baidyanath Thakur S/o not known at present working as Principal,
J.N.L. College, Khagaul, Distt. Patna
20.Dr. Dilip Kumar S/o not known at present working as Principal, M.D.
College, Naubatpur, Distt. Patna
21.Dr. Satish Singh Chandra S/o not known at present working as Principal,
M.M. College, Bikram, Distt.-Patna
Patna High Court LPA No.610 of 2011 (2) dt.28-07-2011
2
22.Dr. Satyendra Prajapati S/o not known at present working as Principal,
S.N.S. College, Tikari, Distt. Gaya
23.Dr. (Mrs.) Meera Kumari W/o not known at present working as Principal,
G.B.M. College, Gaya
24.Dr. Jitendra Rajak S/o not known at present working as Principal, R.R.S.
College, Mokama, Distt. Patna
25.Dr. Dinesh Prasad Kamal S/o not known at present working as Principal,
S.N.Sinha College, Warisaliganj, Distt. Nawada
26-Dr. Vijay Rajak S/o not known at present working as Principal, S.D.
College, Kaler, Distt. Arwal
27.Dr. Binod Kumar S/o not known at present working as Principal, D.B.
College, Jainagar (L.N.M.U.), Distt. Madhubani
28.Dr. Arun Kumar Rajak S/o not known at present working as Principal,
S.B.A.N. College, Darhetta Lari, Distt. Jehanabad
29.Dr. Shashi Pratap Shahi S/o not known at present working as Principal,
Nalanda College, Biharsharif, Distt. Nalanda
30.Dr. Dhrub Kumar S/o not known at present working as Principal, A.N.S.
College, Barh, Distt. Patna
31.Vishundeo Rajak S/o not known at present working as Principal, S.U.
College, Hilsa, Distt. Nalanda
…. …. Respondents/Respondent 2nd Set
32. Dr. Bimal Prasad Singh S/O Late Rajendra Prasad Singh R/O Moh-
Mritunjay Chatterjee Lane, P.S. Gardanibagh, Distt. Patna at present
working as Reader, Deptt. Of Political Science, A.N. College, Patna
33. Dr. Shailaj Kumar Shrivastava S/O Sri Hareshwar Prasad Shrivastava R/O
Gayatri Tapo Griha, Chitragupta Nagar, P.S. Patrakarnagar, Distt. Patna, at
present working as Principal, Co-Operative College, Begusarai
34. Dr. Yogendra Kumar S/O Sri Bhaheran Mahto R/O Krishna Ghat, Patna
University Campus, P.S. Pirbahore, Distt. Patna at present working as
Lecturer, Deptt. Of History, Nalanda College, Biharsharif
35. Dr. Kumar Virendra Sinha S/O Late Rajendra Prasad R/O E-103, Monica
Apartment, Khajpura, P.S. Shastrinagar, Distt.-Patna, at present working
as Reader & Head Deptt. Of Physics, B.S. College, Danapur
36. Dr. Brajesh Kumar Rai S/O Sri Kameshwar Prasad R/O L-121,
Chanakyapuri Colony, P.S. Rampur, Distt. Gaya, at present working as
Lecturer, Deptt. Of Hindi, A.M. College, Gaya
37. Dr. (Smt.) Pritpal Kaur W/O Madhusudan Singh R/O Salimpur Ahara,
Dwarka Nath Lane (Boulia), P.S. Kadamkuan, Distt. Patna
38. Dr. Phulo Paswan S/O Late Kheyali Paswan R/O Vill- Makia, P.S.
Benipatti, Distt. Madhubani, at present working as Principal, V.S.J.
College, Rajnagar (Madhubani) Under L.N. Mithila University, Darbhanga
39. Dr. Manoj Kumar S/O Prof. (Dr.) A.S. Yadav R/O Road No. 13,
Rajendra Nagar, Patna at present working as Lecturer, Deptt. Of Botany,
College Of Commerce, Kankarbagh, Patna
…. Writ Petitioners/Respondent 3rd Set
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Appearance :
For the Appellant/s : Mr. Shailendra Kumar Singh, Advocate
For the State : Mr. Yogendra Pd. Sinha, AAG15
For the University : Mr Hans Raj & Mr Shivendra Kishor, Adv.
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Patna High Court LPA No.610 of 2011 (2) dt.28-07-2011
3
2 28-07-2011 Heard learned counsel for the appellant, learned
counsel for the Magadh University and learned counsel for the
State.
2. The judgment under appeal is a common judgment
passed in more than one writ petitions allowing the prayer of the
writ petitioners to quash the notification contained in memo no.64/
2009 dated 8.6.2009 by which a panel of successful candidates
was notified for filling up future vacancies and also several other
notifications whereby appellant and some other persons were
appointed as Principal of different constituent colleges in the
Magadh University.
3. Learned counsel for the appellant fairly submitted
that Letters Patent Appeal No.358 of 2011 preferred by Dr Om
Prakash Singh and others against the same very judgment and
order under appeal was dismissed by a Division Bench of this
Court on 5.4.2011. He also produced before us a copy of the order
of the Hon’ble Supreme Court in Special Leave to Appeal (Civil)
Nos.11529-11531of 2011. That order dated 6.5.2011 affirmed the
order of the Writ Court under appeal as well as order of the
Division Bench passed in LPA No.358 of 2011 but at the same
time while dismissing the Special Leave Petitions, the Supreme
Court directed that the University shall make fresh selection from
Patna High Court LPA No.610 of 2011 (2) dt.28-07-2011
4
amongst those who had applied pursuant to the advertisement
issued on 25.10.2008 in accordance with relevant statutes, rules
etc. without being influenced by directions given by the leaned
single Judge in the last portion of the order under appeal.
4. On behalf of the appellant it was submitted that
impleadment of the Vice Chancellor as Chairman of the Selection
Committee which made the selection was not sufficient and the
Selection Committee should also have been impleaded as a
respondent but since that was not done, the writ petition should
have been dismissed. No such objection on account of alleged
non- impleadment of a necessary party was taken before the Writ
Court. In our view, since the issue was not raised before the Writ
Court, it is not proper to consider such a plea at the appellate stage.
Moreover, since the Chairman of the Selection Committee was a
party before the Court, no prejudice can be said to have been
suffered by the appellant.
5. Following the judgment of the earlier Division
Bench in LPA No.358 of 2011 as affirmed and clarified by the
order of the Supreme Court dated 6.5.2011, this appeal is
dismissed in the said terms.
(Shiva Kirti Singh, J)
Sanjay Kumar (Shivaji Pandey, J)
