Patna High Court
Dr. Mrs. Rekha Rani @ Prof. Rekha RaniversusThe Honble Chancellor, Universities of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court declined to quash the university's orders and instead directed the university to complete the pending inquiry within six months, preserving the petitioner’s right to challenge any future adverse order.
Summary
The petitioner, Dr. Mrs. Rekha Rani, filed a writ application seeking quashing of several university memos that transferred her from the post of Principal of A.N. College and constituted inquiry committees against her. She alleged procedural irregularities and requested a timeline for the inquiry. The university and the State had no objection to fixing a timeline. The Court, noting the consensus, ordered the university to complete the entire inquiry within six months, without interfering with the challenged orders, and allowed the petitioner to raise further challenges if any adverse order is later passed. All pending interlocutory applications were deemed disposed. The writ application was thus disposed with the directive for timely completion of the inquiry.
Issues considered
- What is the appropriate remedy for the petitioner seeking quashing of the university's transfer order and inquiry memos?
- Whether the university's orders can be set aside by a writ of certiorari?
- Whether the court should direct a fixed timeline for the completion of the inquiry against the petitioner.
Subjects
- writ jurisdiction
- certiorari
- university administration
- inquiry committee
- transfer of principal
- timeline for inquiry
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6083 of 2026
======================================================
Dr. Mrs. Rekha Rani @ Prof. Rekha Rani wife of Prof. Narendra Kumar,
Resident of A-24, Jagat Bhawani Apartment, S.P. Sinha Path, East Boring
Canal Road, P.S. Kotwali, Town and District- Patna.
... ... Petitioner/s
Versus
1. The Honble Chancellor, Universities of Bihar Patna.
2. Prof. Upendra Prasad Singh, The Vice-Chancellor, Patliputra University,
Kankarbagh, Patna- 800020.
3. Prof. Abu Bakar, The Registrar, Patliputra University, Kankarbagh, Patna-
800020.
4. The State of Bihar, through the District Magistrate, Patna.
5. The Senior Superintendent of Police, Patna.
6. The Additional District Magistrate, Law and Order, Patna.
7. The Patliputra University, through its Registrar, Kankarbagh, Patna.
8. Prof. Shailesh Kumar Singh, Professor -in- Charge, A. N. College, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Shrivastava, Sr. Adv.
Mr. Manu Tripurari, Adv.
Mr. Akash Ambuj, Adv.
Mr. Girish Pandey, Adv.
For the State : Mr. Advocate General
Mrs. Virtikka K. Kashyap, AC to AG
For the University : Mr. P.K. Verma, Sr. Adv.
Mr. Rajendra Narain, Sr. Adv.
Mr.(Dr.) Anand Kumar, Adv.
Mr. Abhishek Kumar, Adv.
Mr. Rabi Bhushan Prasad, Adv.
Miss. Tooba Hera, Adv.
For Respondent No.1 : Mr. Shajid Salim Khan, Sr. Adv.
For Respondent No.8 : Mr. Navin Prasad Singh, Adv.
Mr. Narayan Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 14-05-2026 Heard Mr. Amit Shrivastava, learned Senior Counsel
assisted by Mr. Manu Tripurari on behalf of the petitioner,
learned Senior Counsel Mr. P.K. Verma for respondent
Patliputra University, learned Senior Counsel Mr. Rajendra
Patna High Court CWJC No.6083 of 2026(3) dt.14-05-2026
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Narain for the officials/functionaries of the University, learned
counsel Mr. Navin Prasad Singh for respondent no.8 and learned
counsel Mrs. Vertikka K. Kashyap for respondent-State.
2. In the present writ application, the petitioner has
prayed for the grant of following reliefs:
“For issuance of writ in the nature of a
Certiorari or such other writ/writs, order/orders or
direction for quashing the Memo No.
R/PPU/651/26 dated 15.04.2026 issued by the
Respondent No.3 under orders of the Respondent
No. 4, whereby and where under the petitioner has
been transferred an "administrative ground" from
the post of Principal, A.N. College, Patna as
Principal, R.R.S. College, Mokama, Patna and
Prof. Shailesh Kumar Singh has been made
Professor-in-Charge A.N. College, Patna.
a. For issuance of writ in the nature of a
Certiorari or such other writ/writs, order/orders or
direction for quashing the Ref. No. R/PPU/650/26
dated 15.04.2026 issued by the Respondent No. 3,
whereby and where under an Enquiry Committee
has been constituted for negligence and not
maintaining proper administrative control of the
security of the Hon'ble Vice-Chancellor, Patliputra
University, Patna during the course of function
held on 10.04.2026, which created chaos and put
the life of the Vice-Chancellor in danger.
Patna High Court CWJC No.6083 of 2026(3) dt.14-05-2026
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b. For issuance of writ in the nature of a
Certiorari or such other writ/writs, order/orders or
direction for quashing the Memo No.
R/PPU/652/26 dated 15.04.2026 issued by the
Respondent No. 3 under orders of the Respondent
No. 4, whereby and where under Three Member
Inquiry Committee has been constituted and the
Respondent nos.7, 8 and 9 are members of the said
Committee.
c. For issuance of writ in the nature of a
Certiorari or such other writ/writs, order/orders or
direction for quashing the Letter Ref. No.
R/PPU/617/26 dated 11.04.2026 issued by the
Respondent No. 3, whereby and where under show
cause has been called from the petitioner on the
basis of allegations contained therein with regard
to an incident which occurred on 10.04.2026 in the
premises of A.N. College, Patna.
d. For any other reliefs/reliefs, the
petitioner is entitled to.”
3. After advancing spirited argument, learned Senior
Counsel appearing for the petitioner submits that the petitioner
would be satisfied if the respondent-University would agree to a
fix timeline for completing the inquiry, which has been initiated
against the petitioner vide Annexure-P/2 read with Annexure-
Patna High Court CWJC No.6083 of 2026(3) dt.14-05-2026
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P/3.
4. Learned Senior Counsel appearing for the
respondent-University has no objection to the submission made
by learned Senior Counsel appearing for the petitioner.
5. In view of the broad consensus between the parties
with regard to a fix timeline for completing the inquiry, this
Court disposes of the writ application directing the respondent-
University to complete the entire inquiry within six months
from today, without fail.
6. The writ application is accordingly disposed of in
the aforesaid terms without interfering with the Letters/
Memos / orders under challenge in the present writ application,
with liberty to the petitioner to raise all grounds of challenge
including the ones contained in the present writ application, if in
future any adverse order is passed against the petitioner and the
petitioner decides to assail the same. All pending interlocutory
application(s), if any, shall also be deemed to have been
disposed of.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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