IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 4294 of 2010 1. DR.ANJANI KUMAR SINHA S/O LATE RAM NANDAN PRASAD UNIVERSITY PROFESSOR AND HEAD OF THE DEPARTMENT OF BOTANY,B.R.M.COLLEGE,MUNGER,RESIDENT OF MOHALLA SHASTRI NAGAR,ROAD NO. 9, P.S.KASIM BAZAR, TOWN AND DISTT-MUNGER Versus 1. CHANCELLOR OF UNIVERSITIES OF BIHAR RAJ BHAWAN ,PATNA 2. VICE CHANCELLOR, TILKAMANJHI BHAGALPUR UNIVERSITY TILKAMANJHI, BHAGALPUR-812007 3. TILKAMANJHI BHAGALPUR UNIVERSITY, THROUGH THE REGISTRAR TILKAMANJHI, BHAGALPUR-812007 4. REGISTRAR, TILKAMANJHI BHAGALPUR UNIVERSITY TILKAMANJHI, BHAGALPUR-812007 5. DR. INDU KUMAR MISHRA UNIVERSITY PROFESSOR DEPARTMENT OF PHYSICS, B.R.M.COLLEGE, MUNGER 6. THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, SECRETARIAT, PATNA *** For the petitioner : Mr Sujeet Kumar Sinha, Advocate For the University : Mr Anil Singh, Advocate For the Chancellor : Mr Shivendra Kishore, Advocate *** 2 02.11.2010 This matter relates to the appointment of Professor Incharge of B R M College, Munger upon apparently retirement of Dr Sakina Khatoon. Petitioner challenges the appointment of respondent No 5 Dr Indu Kumar Mishra as Professor Incharge as done by the University in terms of Notification No 117 dated 11.08.2009. He submits that it is not correct for the University to state that respondent No 5 is senior to petitioner. He states that immediately upon the said notification being issued, he filed representation before the Vice Chancellor and before the Chancellor but none of the authorities have acted, he was left with no 2 option but to come to this Court. Having heard the learned counsel for the University and the learned counsel for the petitioner, with their consent, the writ petition is being disposed of at this stage itself. Having considered the matter, in my view, ad hocism must come to an end. A College must have a regularly appointed Principal. Earlier, there may have been problem for the University because Principals were selected and recommended for appointment by the Bihar State University Service Commission. That Commission has been wound up and the power has now been vested in the University itself through the University Selection Committee. Thus, the University Selection Committee is the statutory body to make these arrangements. To the University, it is well known as to the date of retirement because apart from two certain events that take place in the life of a person that is death and retirement, it is retirement that is fixed by date. Death is not known. Thus, knowing the date of retirement, University should be in a position to find a replacement even before the due date so that there is no interregnum. Ad hocism in between is detrimental to academic interest. Thus, I direct the University and make the Vice Chancellor responsible for selecting a full time permanent Principal for the College in question within a period of three months from today. The Vice Chancellor must take all necessary legal steps in the matter to ensure the same and get all formalities completed accordingly in this regard. For a period of three months from today, University will proceed on ad hoc arrangement as Professor Incharge but not a day thereafter. In view of the 3 order as passed, petitioner undertakes not to pursue his representations in this regard as made before the Vice Chancellor and Chancellor in respect of the position of Professor Incharge. With these observations and directions, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)