IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12833 of 2007 DR.KRISHNA MOHAN JHA Versus THE STATE OF BIHAR & ORS ----------- 5/ 12/9/2008. Heard learned counsel for the petitioner, for the State, for the B.R.A. Bihar University and learned counsel for the private respondent No.14. In this battle of supremacy for appointment to the post of Principal between the petitioner and the private respondent fuelled by the University and ignored by the State, the casualty is the academic environment of the college. It needs no gainsaying that for a college to maintain an academic atmosphere and environment a principal plays a very crucial role. The entire disciplinary aspect academic calendar etc. revolve around him. A principal who is unsafe on his seat or where two incumbents are fighting for the post of principal, whatever may be their personal ego clash, the ultimate casualty is the institution, the necessary effect of which shall be felt on its students who came there to imbibe education for a future career and a foundation for life. These - 2 - are, perhaps, issues which those who fight for the post of principal or those who fuel it do not appear to be giving the gravity it deserves. The R.N. Mukherjee Aayurvedic College and Hospital at Motihari is a private college affiliated to the B.R.A. Bihar University, Muzaffarpur. Being an Aayurvedic College its establishment is regulated by Bihar Deshi Chikitsa Shiksha Sanstha (Appointment and Control) Act, 1981 (hereinafter referred to as the Act). Section-8 of the same provides that the management shall vest in the governing body of such a private college to be constituted by the Government notwithstanding any provision of the Rules to the contrary of the concerned university. It also provides that the State Government shall have the power to issue directions inter alia for appointment. In the event of the failure of the private college to follow the directions, recognition can be withdrawn. The decision of the State Government on issues with regard to the private college shall be final. Having noticed the aforesaid - 3 - provisions and the nature of the order proposed to be passed, this Court does not consider it necessary to take note of the acrimony between the petitioner and the respondent No.14. Suffice it to say that the learned counsel for the University fairly submits that the institution being a private institution affiliated to the university the university exercises no administrative control over the decisions of the governing body with regard to the appointment of the principal. Nonetheless, this Court, on facts, has noticed the strain between the petitioner and respondent No.14. The consequences have been discussed in the opening paragraph of this order. At this stage, to pass any order of a nature which may leave the institution without a principal shall be to the benefit of none. This Court, therefore, directs the State Government in terms of Section-8 of the aforesaid Act (and not an individual officer of the State Government) to resolve this controversy, in accordance with law, by issuing necessary directions to the governing body, to be complied with by the latter - 4 - forthwith, without delay, in consonance with laws and regulations for appointment of the eligible and competent person on the post of the principal of the college. Let it be so done within a maximum period of two months from the date of receipt/production of a copy of this order. Ensuring academic atmosphere once the State Government has decided to regulate, the responsibility lies with the State Government. If the State Government does not take a policy decision and does not issue directions to the governing body within the period of two months, respondent No.14, who presently has not been interfered with as a Principal only to prevent the institution becoming ‘headless’, shall cease to function as a principal with all its attendant consequences leaving the institution without a principal for which the answerability shall rest in the entirety with the State Government. KC ( Navin Sinha,J )