IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15896 of 2009 1. AMITABH GHOSH S/O SRI MURLIDHAR GHOSH, R/O MOH-12, L.I.G. ASIANA NAGAR, P.S-SHASTRI NAGAR IN THE DISTRICT OF PATNA AT PRESENT ACTING PRINCIPAL, BHAGALPUR COLLEGE OF ENGINEERING AND PRESENT PROJECT DIRECTOR, 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 Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, SCIENCE AND TECHNOLOGY, GOVT. OF BIHAR, PATNA 3. THE DEPUTY SECRETARY, SCIENCE AND 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- BRAHMPUR, IN THE DISTRICT OF MUZAFFARPUR ----------- For the Petitioner:- Mr. Dinu Kumar, Adv. For the State:- Mr. Ranjit Sinha, AC to SC 10 For the Respondent no. 4:- Mr. Avanish Kr. Singh, Adv. -------------- 5. 7.4.2010 Heard learned counsel for the petitioner, for the State and for the private respondent no. 4. The petitioner is a professor in the Bihar College of Engineering at Bhagalpur. He was sent on deputation as Project Director, Council of Science and Technology at Patna. While on deputation, he was given additional charge as incharge Principal of the Bhagalpur College of Engineering by order dated 30.1.2009. By a subsequent order dated 5.11.2009 private respondent no. 4 has been posted as incharge Principal in the Bihar College of Engineering. To that extent, the order dated 30.1.2009 was modified. 2 Counsel for the petitioner argues that one incharge Principal cannot be replaced by another incharge Principal. He next submits that even in an incharge arrangement, the senior most person must be made the incharge Principal and that the petitioner is senior to private respondent no. 4. Counsel for the State submits that the post of Principal is to be filled up by advertisement and selection to be done by the B.P.S.C. and which process has been initiated. He next submits that since the petitioner was on deputation at Patna and was not physically available at Bhagalpur College of Engineering day to day that had created its own administrative problems as evident from the communications dated 10.10.2009 of the Sub Divisional Officer, Bhagalpur and 11.10.2009 of the District Magistrate, Bhagalpur with regard to the problems that were arising in the institute because of an absentee Principal. Counsel for the private respondent no. 4 disputed, claimed seniority of the petitioner. In so far as the fresh advertisement issued for the appointment on the post of Principal is concerned for which the petitioner claims to have applied and which the respondent contend that he is ineligible is outside the purview of the present proceeding. If any 3 party is aggrieved by the action of another in context of any fresh advertisement for substantive promotion on the post of Principal, that is a matter to be adjudicated in a fresh writ application. Had the petitioner not been on deputation at Patna as Project Director there may or may not have been occasion for this Court to go into issues of seniority for appointment as incharge Principal and the question of replacement of one incharge Principal by another etc. The petitioner was first sent on deputation as Project Director to Patna. He was later given the additional charge of as incharge Principal at Bhagalpur. That has created its own administrative problems by an absentee Principal as evident from the documents of the respondents as discussed above with regard to day to day functioning of the institution. In that view of the matter, this Court finds no infirmity in the action of the respondents in appointing another as incharge Principal while simultaneously initiating steps for a regular appointment so as to maintain academic discipline and environment in the college. The interest of the petitioner stands adequately protected on the post of Project Director in accordance with the terms of his deputation. Counsel for the State assures that there shall 4 be no impediment in the payment of salary of the petitioner on his deputed post which has to be routed through the Bhagalpur College of Engineering and that it is the constitutional obligation of the State to ensure that the petitioner receives his salary in accordance with law. The writ application is dismissed. P. Kumar (Navin Sinha, J.)