IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.238 of 2011 IN CIVIL WRIT JURISDICTION CASE No. 8141 of 2010 WITH INTERLOCUTORY APPLICATION No. 1036 of 2011 IN LETTERS PATENT APPEAL No. 238 of 2011 ==================================================== Subhas Prasad Sinha, the Vice Chancellor, Veer Kunwar Singh University, Ara son of Shri Ram Nandan Sinha, resident of Sheo Puri, P.S. Shastri Nagar, District- Patna. …. …. Appellant/Respondent Versus 1. Dr. Pramod Kumar Singh, Son of Late Rajeshwari Prasad Singh, resident of Mohalla-Gourakshani, P.O. and P.S. Sasaram, District-Rohtas and a University Teacher under V.K.S. University, Ara. 2. Dr. Ram Tabkya Singh, son of Late Jageshwar Singh, resident of Mohalla-J.P.Nagar, P.O. & P.S. Nawada (Ara), District-Bhojpur and a University teacher under V.K.S. University, Ara and University Professor & Head of P.S. Department of Chemistry. …. …. Respondents/Petitioners–1st Set 3. The State of Bihar through the Secretary (Higher Education), Human Resources Development Department, Government of Bihar, Patna. 4. The Chancellor of Universities, Raj Bhawan, Patna. 5. The Vice Chancellor, Magadh University, Bodh Gaya. …. …. Respondents/Respondents-2nd Set ==================================================== Appearance : For the Appellant : Mr. Chitranjan Sinah, Senior Advocate with Mr. A.B.Sinha, Advocate Mr. Upendra Kumar Singh, Advocate For the Respondent Nos. 1 &2: Mr. Amaresh Kumar Singh, Advocate with Mr. Sunil Kumar Singh, Advocate For the Respondent No.3: Mr. Vikash Kumar, A.C. to AAG-2 For the Respondent No.4: Mr. Shivendra Kishore, Advocate For the Respondent No.5: Mr. Hans Raj, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3. 11.2.2011. With the consent of the learned Advocates, this Appeal is heard and decided today. - 2 - 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 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, Veer Kunwar Singh 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, Veer Kunwar Singh University is set aside. - 3 - Interlocutory Application No. 1036 of 2011 stands disposed of. The parties will bear their own cost. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)