IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.258 of 2011 IN CWJC No. 8141 of 2010 ============================================ PROFESSOR (DR.) ARVIND KUMAR, V.C. - Appellant (s) Versus THE STATE OF BIHAR & ORS- Respondent(s) ============================================ Appearance: For the Appellant: Mr. Y.V. Giri, Sr. Advocate Mr. Anil Kumar Sinha, Advocate Mr. Hans Raj, Advocate For the Respondent: Mr. Lalit Kishore, Advocate Mr. Shivendra Kishore, Advocate For respondent no. 4: Mr. Sunil Kumar Singh, Advocate For respondent no. 5:Mr. Amresh Kumar Singh, Advocate ============================================ CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 02. 10.02.2011 With the consent of the learned Advocates, this Appeal is heard and decided today. This Appeal under Clause 10 of the Letters Patent is preferred against the ad interim order dated 2nd February 2011 made by the learned Single Judge pending the above C.W.J.C. No. 8141 of 2010. The writ petition has been filed by two writ petitioners, a teacher in the Veer Kunwar Singh University, Ara and a professor and Head of the post Graduate Department of Chemistry in the said University to 2 challenge the appointment of the Vice Chancellors of the Veer Kunwar Singh University, Ara and the Magadh University, Bodh Gaya made by the Governor of the State of Bihar. Pending the writ petition, by impugned order the learned Single Judge has restrained both the Vice Chancellors from functioning as such. Feeling aggrieved, the Vice Chancellor, Magadh University has preferred the present Appeal. We have heard the learned Advocates extensively. Since the matter is at large before the learned Single Judge, we are not called upon to consider the merits of the challenge to the appointment of the Vice Chancellors. However, we find it highly improper that the Vice Chancellor of a University shall be restrained from functioning as such, that too by an ad interim order. In the circumstances, we allow this Appeal. The impugned order dated 2nd February 2011 insofar as it restrains the present appellant from functioning as Vice Chancellor, Magadh University is set aside. The parties will bear their own cost. S.Sb/- (R.M. Doshit, CJ.) (Jyoti Saran, J.)