IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15968 of 2004 DR.ANANT KUMAR THAKUR, son of Late Jagannath Thakur, resident of Mohalla- Subhashpalli, Post office Kishanganj, Police Station- Kishanganj, District- Kishanganj at present posted as Professor-in-Charge of Marwari College, Kishanganj, District- Kishanganj. ….. Petitioner. Versus 1. B.N.MANDAL UNIVERSITY, Madhepura through its Registrar, Laloo Nagar, Madhepura. 2. The Vice-Chancellor, B. N.Mandal University, Laloo Nagar, Madhepura. 3. The Registrar, B. N. Mandal University, Laloo Nagar, Madhepura. 4. Chandra Kishore Yadav, Son of not known, at present posted as Reader, Zoology Department, Marwari College, Kishanganj, District- Kishanganj, resident of Mohalla- Subhash Palli, Post Office- Kishanganj, Police Station- Kishanganj, District- Kishanganj. … Respondents. ----------- 5. 16.11.2010 Having heard learned counsel for the petitioner and learned counsel for the B. N. Mandal University, this Court would find that the petitioner’s removal from the post of Professor-in-Charge and his being replaced by respondent no. 4 was made in a most unceremonial manner on 2.12.2004 vide Annexure-11 even when the Hon’ble Chancellor vide an earlier order dated 17th January 2004 had directed the petitioner to be appointed as Professor-in-Charge of Marwari College, Kishanganj. True it is that said order dated 2.12.2004 refers to some administrative exigencies but then even after being given repeated opportunities, the learned counsel for the 2 University, as recorded in the order of this Court dated 19.1.2005, 24.1.2005 and 3.5.2005 has filed no counter affidavit explaining as to what was the alleged administrative exigencies requiring removal of the petitioner. Today when the case has been called out, learned Counsel for the University has once again prayed for time for filing counter affidavit. In the opinion of this Court, the complete carelessness on the part of the University and its counsel in conducting its cases before this Court cannot become impediment for the petitioner to get his relief. Let it be noted, notices were also issued to respondent no. 4 and despite its being validly served on him, no one has appeared on his behalf. In that view of the matter, this Court would quash the order dated 2.12.2004 and remit the matter back to the Vice-Chancellor of the B. N. Mandal University to decide the matter relating to appointment of Professor- in-Charge of Marwari College, Kishanganj if such post has not been filled up by way of appointment of a regular Principal. In the event the said post of Principal has been filled up, the issue of Professor Incharge will automatically become academic but if the arrangement 3 on the post of Principal in the College is still continuing by way of Professor Incharge, the Vice-Chancellor will be under obligation to decide the issue afresh keeping in view that such appointment of the petitioner on the post of Professor Incharge had earlier been made as per the direction given by the Hon’ble Chancellor in his order dated 17th January 2004. Any order that may be passed by the Vice-Chancellor in the matter must also contain reasons including the consideration of alleged ground of administrative exigencies requiring removal of the petitioner. With the aforementioned observations and directions, this writ application to the extent indicated above is allowed. kanchan/ ( Mihir Kumar Jha, J.)