IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7595 of 2009 1. Dr. Shree Chandan Shaw, son of Late Haricharan Shaw, resident of Mohalla-Munger Road Dariyapur, P.O.-Jamalpur, P.S.-Jamalpur, District-Munger, Principal/In-Charge Principal- cum-Professor Inchage of the Temple of Hahnemann Homoeopathic Medical College & Hospital, Munger. ..................Petitioner. Versus 1. The State of Bihar, through the Commissioner-cum- Secretary, Health and Medical Education, Govt. of Bihar, New Secretariat, Patna. 2. The District Officer, Munger. 3. Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur (Bihar) through it’s Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur. 4. Governing Body of the Temple of Hahnemann Homoeopathic Medical College & Hospital, Munger through it’s Chairman, District Officer, Munger. 5. Local Hon’ble Member of Parliament, Munger Constituency, member of Governing Body of the Temple of Hahnemann Homoeopathic Medical College & Hospital, Munger. 6. Local Hon’ble Member of Legislative Assembly, Munger Constituency, member of Governing Body of the Temple of Hahnemann Homoeopathic Medical College & Hospital, Munger. 7. The Chairman, District Board, Munger, member of Governing Body of the Temple of Hahnemann Homoeopathic Medical College and Hospital, Munger. 8. Nominated Representative of Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur (Bihar), through Dr. A. N. Yadav member of Governing Body of the Temple of Hahnemann Homoeopathic Medical College & Hospital, Munger. 9. District Desi Chikitsa (Indigenous System) Officer, Munger, member of Governing Body of the Temple of Hahnemann Homoeopathic Medical College & Hospital, Munger. 10. Saryug Kumar s/o Sri Narayan Prasad. r/o Hazisuzan P.S.- Muffasil, District-Munger. 11. The Temple of Hahnemann Homoeopathic Medical College & Hospital, Munger through it’s Vice Principal, The Temple of Hahnemann Homoeopathic Medical College & Hospital, Munger. ................ Respondents. ----------- - 2 - 2/ 08.07.2009 Heard counsels appearing for the petitioner, State and Bihar University. Petitioner claims that he is still on the post of Principal / In-Charge Principal-cum- Professor In-Charge of the Temple of Hahnemann Homoeopathic Medical College & Hospital, Munger. His grievance is that respondent no. 10 has illegally been directed to take charge from the petitioner of In-Charge Professor though he is not the seniormost teacher in college. Further prayer of the petitioner is for a direction to the District Magistrate being chairman of the governing body to ask the seniormost teacher for functioning as In- Charge Principal, till appointment of regular Principal. On consideration of petitioner’s own pleading, he has crossed the age of superannuation. The age of superannuation of the Principal of the College as per the resolution contained in Annexure-15 to the writ application is 62 years, petitioner has reached 64 years of age. In any case, now, he is not entitled for retaining this post. Petitioner’s anxiety is that after his superannuation no other person than the seniormost teacher should function as In-Charge Principal of the College. I find that petitioner has no cause of action to maintain this writ application. In case a junior has been made Incharge then the cause of action is only to such professor or teacher who is the seniormost. Petitioner has no locus for filing such an application. This application is not maintainable. However, the District Magistrate who is Chairman of the governing body should look into the matter, get it inquired whether the seniormost teacher has been made - 3 - Incharge Principal of the College. This application is dismissed. District Magistrate will also inquire into the matter, how the petitioner was allowed to continue even after crossing the age of superannuation for the post of Principal. Sanjeet/ (Mridula Mishra, J.)