Patna High Court
Hemnt KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The Court remanded the dispute to the Registrar of Magadh University to determine the eligibility of the respondent as In‑charge Principal, without directly deciding on the merits.
Summary
The petitioner, Hemant Kumar, challenged a resolution dated 26‑02‑2024 by the Managing Committee of Wazirganj Mahavidyalay that appointed Sunil Kumar (respondent No.12) as an Assistant Professor to act as In‑charge Principal, alleging the appointment was illegal because the appointee lacks a Ph.D. and seniority. The petitioner relied on a Division Bench decision (L.P.A. No. 774 of 2024) which held that a Ph.D. is a prerequisite for the post of Assistant Professor and, by extension, for an In‑charge Principal. The respondents contended that there is no statutory requirement for a Ph.D. for the In‑charge Principal position and that the petitioner neither applied nor attended the interview, rendering his seniority claim irrelevant. The University argued that the appointment had been approved by the Registrar and was in force. The Court, after considering the submissions, remitted the matter to the Registrar of Magadh University to examine the respondent’s eligibility in light of the university’s statutes/notifications and the earlier judgment, directing a decision within ten weeks. The writ petition was thereafter disposed off.
Issues considered
- Whether the appointment of Sunil Kumar as In‑charge Principal is illegal for lack of a Ph.D. qualification.
- Whether seniority of the petitioner is relevant to the appointment.
- Whether the Managing Committee’s resolution complies with statutory/notification requirements for the post of In‑charge Principal.
Subjects
- appointment
- In‑charge Principal
- Ph.D qualification
- seniority
- university statutes
- writ petition
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8586 of 2025
======================================================
Hemnt Kumar Son of Jainandan, Resident of Village- Mainawan, P.S-
Kazisarai, District- Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar Through The Principal Secretary, Human Resource
Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Governor-cum-Chancellor of University of the State of Bihar, Raj
Bhawan, Patna.
4. The Principal Secretary, to Governor-cum Chancellor of University of the
State of Bihar, Raj Bhawan, Patna
5. The Vice Chancellor, Magadh Universiyt, Magadh University, Bodhgaya.
6. The Magadh University, Bodh Gaya through its Registrar.
7. The Registrar, Magadh University, Bodh Gaya,
8. The College Service Commission, Patna
9. The Secretary College Service Commission, Patna.
10. The Managing Committee, Wazirganj Mahavidyalay, Wazirganj (Gaya)
through its Secretary.
11. The Secretary, Managing Committee of Wazirganj Mahavidyalay, Wazirganj
(Gaya).
12. Sri Sunil Kumar, Prof Incharge, Wazirganj Mahavidyalay Wazirganj, S/o
Saryu Lal, R/o Kajoon P.S- Atri, Dist- Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Kamaluddin, Adv.
Ms. Priya, Adv.
Mr. Md. Gul Khan, Adv.
For the Respondent/s : Mr. Vivek Prasad, GP-07
Mr. Sanjay Kumar, AC to GP-7
Ms. Roona, AC to GP-7
For the University : Mr. Pankaj Kumar Singh, Adv.
For the Chancellor : Mr. Amish Kumar, Adv.
Mr. Krishna Chandra Jha, Adv.
Mr. Satish Kumar Mehta, Adv.
For the Resp. No. 12 : Mr. Shrinandan Prasad Singh, Sr. Adv.
Mr. Kumar Sameer, Adv.
For the BSUSC : Mr. Tuhin Shankar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 03-02-2026 Heard the parties.
Patna High Court CWJC No.8586 of 2025(2) dt.03-02-2026
2/4
2. The petitioner has approached this Court seeking a
direction from this Court to declare the resolution no. ‘Gha’
dated 26.02.2024 taken by Managing Committee of the
Wazirganj Mahavidyalay, Wazirganj, Gaya by which the
respondent no. 12 has been declared suitable Assistant Professor
to function as In-charge Principal of the said college is wholly
illegal and unsustainable, besides the fact the petitioner no. 12
has been appointed by ignoring the claim of the petitioner.
3. Learned Advocate for the petitioner submitted that
the respondent no. 12 has been appointed as an In-charge
Principal, despite the fact he does not possess Ph.D degree,
besides ignoring the claim of the petitioner that he is senior to
the respondent no. 12. Reliance has also been placed on a
decision rendered by learned Division Bench of this Court in
L.P.A. No. 774 of 2024, wherein the Court has been pleased to
hold that Ph.D eligibility is necessary to occupy the post of
Assistant Professor, as such also for the post of In-charge
Principal of the college.
4. Mr. Shrinandan Prasad Singh, learned Senior
Advocate refuting the aforesaid contention submits at the Bar
that there is no specific prescription to possess the Ph.D degree
for the purposes of holding the post of In-charge Principal. So
Patna High Court CWJC No.8586 of 2025(2) dt.03-02-2026
3/4
far the claim of the petitioner regarding his seniority, the same is
not correct as it is the respondent no. 2 who joined on the post
of lecturer prior to the petitioner. Moreover, the petitioner had
neither participated and applied even for being made In-charge
Principal, nor he appeared before the Committee for interview,
hence there is no question of assignment as In-charge Principal
in college.
5. Learned Advocate for the University apprised this
Court that the order of the Managing Committee appointing the
respondent no. 12 as In-charge Principal of the college has
approved by the Registrar of the University vide letter no. 258
dated 12.04.2025 and since then he has been discharging his
duty.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the nature of the dispute regarding qualification for appointment
for assignment to the post of In-charge Principal of the college,
this Court deems it fit and proper to relegate the matter before
the Registrar of the Magadh University, who shall look into the
matter and take an appropriate decision with regard to the
eligibility of the respondent no. 12 to hold the post of In-charge
Principal of the college in question, keeping in mind the
Patna High Court CWJC No.8586 of 2025(2) dt.03-02-2026
4/4
relevant statutes/notification issued by the University as well as
the order passed by the learned Division Bench of this Court in
L.P.A. No. 774 of 2024.
7. The entire exercise must be completed within a
period of ten weeks’ from the date of receipt/production of a
copy of this order.
8. The writ petition stands disposed off.
(Harish Kumar, J)
supratim/-
U
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