IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.887 of 2010 In Civil Writ Jurisdiction Case No. 15896 of 2009 ====================================================== 1. Amitabh Ghosh S/O Sri Murli Dhar Ghosh R/O Mohalla- A/12, L.I.G., Ashiana Nagar, P.S.- Shastri Nagar In The District Of Patna, Ex Acting Principal, Bhagalpur College Of Engineering And Present Project Director Of Bihar Council Of Science And Technology, Bihar Remote Sensing Application Centre And Indira Gandhi Science Complex, Planatarium P.S.- Kotwali In The District Of Patna … Writ Petitoner .... Appellant/s Versus 1. The State Of Bihar 2. The Principal Secretary, Science & Technology, Govt. Of Bihar, Patna 3. The Deputy Secretary, Science & Technology, Govt. Of Bihar, Patna 4. Dr. Achintya S/O (Presently Not Known To The Petitioner) Professor Career Advancement Scheme (Cas), Civil Engineering, M.I.T. Muzaffarpur, P.S.- Brahmpura In The District Of Muzaffarpur, At Present In-Charge Principal, Bhagalpur College Of Engineering, Bhagalpur … Respondents .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Dhruba Mukherjee, Advocate For the Respondent/s : Mr. A. N. Deo, SC 10 ====================================================== 3 24-11-2011 Heard learned counsel for the appellant and learned counsel for the State. Mr Dhruba Mukherjee, learned counsel for the appellant is right in forwarding a submission that even while making working arrangement for the post of Principal, the authorities are required to keep in mind the inter se seniority of the teachers of the institution concerned. Patna High Court LPA No.887 of 2010 (3) dt.24-11-2011 2 So far as the present case is concerned, it appears from the judgment of the Writ Court that the working arrangement under which the appellant was made Principal of the Engineering College at Bhagalpur was subjected to change and another teacher was made incharge Principal only because the appellant was occupying another post on deputation at Patna. Keeping an incharge Principal, who was not available at the station at all times, was not found a practical proposition. In our considered view, the facts do not reflect in any manner upon the seniority of the teachers including that of the appellant or on the capability or efficiency of the appellant to hold the post of Principal. Presently, the appellant is still at Patna and from submissions it appears that he has been selected to work as Registrar, Aryabhatt Knowledge University. We are sure that the selection on the aforesaid post shows that the appellant has been considered to be a meritorious person. Since the vacant post of Principal of Engineering College at Bhagalpur or at other places will require an independent selection process, it is always open for the appellant, if he so desires, to apply for such posts in Patna High Court LPA No.887 of 2010 (3) dt.24-11-2011 3 accordance with law. With the aforesaid observations, the appeal is disposed of. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)