IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10041 of 2002 DR.PRAMOD CHANDRA SINHA s/o Sri Jugal Kishore Prasad University Professor, Department of Chemistry, B. N. College, patna (Patna University) resident of Salimpur Ahara, Lane No. 1, Kadam Kuan, P. O. & P. S. Kadam Kuan, Patna-3 District- Patna… Petitioner. Versus 1. THE V.C.,PATNA UNIVERSITY, Patna. 2. The Registrar, Patna University, Patna. 3. Dr. M. P. Sinha, the Principal, B. N. College, Patna-4 (patna university) 4. The Chairman, Bihar State University (Constituent Colleges) Service Commission, Gokul Marg, North Srikrishnapuri, Boring Road, Patna.-13. 5. The Special Officer (Administration). Bihar State University (Constituent Colleges) Service Commission, Gokul Marg, North Srikrishnapuri, Boring Road, Patna-13. .. Respondents. ----------- 4. 24.06.2010 No one appears for the petitioner. The prayer in this writ petition reads as follows:- “1. Issuance of directions order or writ in the nature of mandamus directing the respondents to appoint the petitioner on the post of the Principal, B. N. College, Patna since the petitioner being the senior most campus teacher of the B.N. College in the rank of the University Professor has been deprived from being appointed on the aforesaid post by selecting and appointing a junior person to the petitioner, the date of appointment of petitioner as a lecturer is chemistry under Patna University Service is 5.11.65 and further his appointment as a lecturer in J. P. College, Narayanpur, Bhagalpur University and subsequently in St. Columba’s College, Hazaribagh, Ranchi University were 23.9.64 and 15.7.65 respectively whereas the 2 date of initial appointment as a lecturer of respondent no.3 Dr. M. p. Sinha, Department of Zoology, B. N. College, Patna is 9.9.66 who had been appointed on the post of Principal B. N. College, Patna. II. Issuance of directions order or writ in the nature of mandamus directing the respondents to regularize the services of the petitioner as a Reader in the Department of Chemistry, Patna university, Patna from retrospective effect with full salary and pay scale of Reader from 23.9.82 on which date the petitioner had completed his eighteen years length of continuous service from the date of initial appointment has not been confirmed by the Bihar State University (Constituent Colleges) Service Commission on account of mere lapses and follies of the University authority as the Registrar, Patna University, Patna had issued notification on the 20th of April, 1985 for promotion of the petitioner on the post of Reader from 5.11.1983 (as contained in Annexure-8) but the Registrar, Patna University, has sent a letter bearing letter no. G/1140 Patna dated 27.6.2001 (as contained in annexure 15 series) to Sectional Officer, Bihar State University (Constituent Colleges) service Commission Patna for promotion of the petitioner on the post of Reader in Chemistry, Patna University, Patna. III. Issuance of directions order or writ in the nature of mandamus directing the respondents to promote the petitioner on the post of University Professor in 3 Chemistry from retrospective effect i.e. from 1.2.85 with all monetary benefits since the Registrar, Patna university vide its notification no. G/9646 dated 30.7.90 where under in anticipation of recommendation of the Bihar State University (Constituent Colleges) Service Commission after completion of sixteen years of service, the petitioner’s name found figure at serial no. 1 of the lsit of the teachers of Chemistry Department but the said recommendation from the Bihar State University (Constituent Colleges) Service Commission has not been received on account of lapses of the respondents and further the Registrar, Patna University, Patna after rescreening has sent altogether three names including petitioner for granting promotion on the post of University professor vide letter bearing no. G/1141, Patna dated 27.6.2001 to the Sectional Officer, Bihar State University (Constituent Colleges) Service Commission, Patna and a copy thereof has also been given to petitioner and further the special Administrative Officer, Bihar State University (Constituent Colleges) Service Commission, patna had made certain queries from Registrar, Patna University, Patna in regard to petitioner but till date the notification for promotion on the post of University Professor in Chemistry, under Patna University service of the petitioner has yet not been issued only on account of lapses and follies of the respondents. IV. Issuance of directions order or writ in the nature of mandamus directing the 4 respondents to pay forthwith the difference of salaries from retrospective effect for the post of Reader as well as University Professor i.e. from 23.9.82 and 1.2.85 respectively. V. Issuance of directions order or writ in the nature of mandamus directing the respondents to pay the salary of the petitioner from March 2001 till date which has been arbitrarily and illegally not paid to the petitioner although the petitioner had submitted his salary bills regularly to the concerned authorities for payment of salary but the same had been kept unnoticed by the authority of the University for merely harassing and humiliating the petitioner as the petitioner is an academician in the field of his subject and he had always been waiting for aforesaid payments of salary but of no recourse till date. VI. Issuance of directions order or writ in the nature of mandamus directing the respondents to pay DDA to the petitioner amounting Rs.98281.72 (ninety eight thousand two hundred eightly one and paise seventy two only) to the petitioner which has been arbitrarily withheld without any rhyme and reason.” From a reading of the writ petition it would appear that the petitioner has got two fold grievances, namely, some entitlement on the basis of his present status which he was enjoying on the date of filing of the 5 writ petition and other with regard to future prospect to have become the principal of the college. Counsel appearing on behalf of the respondent no. 3 submits that the petitioner has already retired and therefore the issues raised herein have become academic, if not infructuous. In the opinion of this Court, there would be even otherwise no merit in this case inasmuch as the post of principal in a constituent college including B. N. College in question, of Patna University has to be filled up strictly in accordance with the provisions made in Patna University Act and the statutes framed thereunder. No one can also claim temporary arrangement on the post of principal as a matter of right. That being so, the petitioner’s first part of grievance seems to be wholly misconceived and worth rejection. The second part of the grievance as with regard to the certain payment on the basis of his holding the post of Reader and Professor can only be gone into if the 6 petitioner can demonstrate this fact before the appropriate authority that he was legally appointed and thus entitled to draw the amount claimed by him. As the learned counsel for the petitioner is not present, this Court would only give liberty to the petitioner to approach the competent authority of the University for justifying his claim with regard to alleged arrears of difference of pay or any other amount for the post of Reader and Professor claimed in this writ petition. With the aforementioned observation, this writ petition is disposed of. kanchan (Mihir Kumar Jha, J.)