IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.610 of 2011 In Civil Writ Jurisdiction Case No. 17804 of 2009 ====================================================== Dr.Vijay Shankar Rai S/o Sri Bhola Rai Previously posted as Principal RLSY College, Bakhtiarpur, Presently posted at Jagjivan Ram College, Gaya …..Respondent No.13/ Appellant Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna 2. The Chancellor, Universities of Bihar, Raj Bhawan, Patna 3. The Magadh University, through the Registrar Magadh University, Bodh Gaya. 4. The Vice-Chancellor-cum-Chairman of Selection Committee Magadh University, Bodh Gaya 5. The Registrar Magadh University, Bodh Gaya. …Respondents/Respondent 1st Set 6. Dr. Om Prakash Singh S/o not known at present working as Principal, A.N.S. College, Nabinagar, Distt. Aurangabad 7.Dr. (Mrs.) Usha Vidyarthi W/o not known at present working as Principal, Mahila College, Khagaul, Distt.-Patna 8.Dr. Vinay Krishna Tiwary S/o not known at present working as Principal, G.J. College, Rambagh, Bihta, Distt.-Patna 9.Dr. Praveen Kumar S/o not known at present working as Principal, Daudnagar College, Daudnagar, Distt. Aurangabad 10.Dr. (Mrs.) Sheela Singh W/o not known at present working as Principal, R.M.W. College, Nawada 11.Dr. Pushpendra Kumar Verma S/o not known at present working as Principal, S.M.D. College, Punpun, Distt. Patna 12.Dr. Upendra Prasad Singh S/o not known at present working as Principal, S.P.M. College, Udantpuri, Distt. Nalanda 13.Dr. (Mrs.) Rekha Kumari W/o not known at present working as Principal, Nalanda Mahila College, Biharsharif, Distt.-Nalanda 14.Dr. Dinesh Prasad Sinha S/o not known at present working as Principal, R.L.S.Y College, Aurangabad, Distt. Aurangabad 15.Dalbir Singh S/o not known at present working as Principal, S.G.G.S. College, Patna City, Distt. Patna 16.Dr. Md. Shamsul Islam S/o not known at present working as Principal, S.M.S.G. College, Sherghati, Distt.-Gaya 17.Dr. Sunil Suman S/o not known at present working as Principal, T.S. College, Hisua, Distt. Nawada 18.Dr. Arjun Sharma S/o not known at present working as Principal, K.L.S. College, Nawada 19.Dr. Baidyanath Thakur S/o not known at present working as Principal, J.N.L. College, Khagaul, Distt. Patna 20.Dr. Dilip Kumar S/o not known at present working as Principal, M.D. College, Naubatpur, Distt. Patna 21.Dr. Satish Singh Chandra S/o not known at present working as Principal, M.M. College, Bikram, Distt.-Patna Patna High Court LPA No.610 of 2011 (2) dt.28-07-2011 2 22.Dr. Satyendra Prajapati S/o not known at present working as Principal, S.N.S. College, Tikari, Distt. Gaya 23.Dr. (Mrs.) Meera Kumari W/o not known at present working as Principal, G.B.M. College, Gaya 24.Dr. Jitendra Rajak S/o not known at present working as Principal, R.R.S. College, Mokama, Distt. Patna 25.Dr. Dinesh Prasad Kamal S/o not known at present working as Principal, S.N.Sinha College, Warisaliganj, Distt. Nawada 26-Dr. Vijay Rajak S/o not known at present working as Principal, S.D. College, Kaler, Distt. Arwal 27.Dr. Binod Kumar S/o not known at present working as Principal, D.B. College, Jainagar (L.N.M.U.), Distt. Madhubani 28.Dr. Arun Kumar Rajak S/o not known at present working as Principal, S.B.A.N. College, Darhetta Lari, Distt. Jehanabad 29.Dr. Shashi Pratap Shahi S/o not known at present working as Principal, Nalanda College, Biharsharif, Distt. Nalanda 30.Dr. Dhrub Kumar S/o not known at present working as Principal, A.N.S. College, Barh, Distt. Patna 31.Vishundeo Rajak S/o not known at present working as Principal, S.U. College, Hilsa, Distt. Nalanda .... .... Respondents/Respondent 2nd Set 32. Dr. Bimal Prasad Singh S/O Late Rajendra Prasad Singh R/O Moh- Mritunjay Chatterjee Lane, P.S. Gardanibagh, Distt. Patna at present working as Reader, Deptt. Of Political Science, A.N. College, Patna 33. Dr. Shailaj Kumar Shrivastava S/O Sri Hareshwar Prasad Shrivastava R/O Gayatri Tapo Griha, Chitragupta Nagar, P.S. Patrakarnagar, Distt. Patna, at present working as Principal, Co-Operative College, Begusarai 34. Dr. Yogendra Kumar S/O Sri Bhaheran Mahto R/O Krishna Ghat, Patna University Campus, P.S. Pirbahore, Distt. Patna at present working as Lecturer, Deptt. Of History, Nalanda College, Biharsharif 35. Dr. Kumar Virendra Sinha S/O Late Rajendra Prasad R/O E-103, Monica Apartment, Khajpura, P.S. Shastrinagar, Distt.-Patna, at present working as Reader & Head Deptt. Of Physics, B.S. College, Danapur 36. Dr. Brajesh Kumar Rai S/O Sri Kameshwar Prasad R/O L-121, Chanakyapuri Colony, P.S. Rampur, Distt. Gaya, at present working as Lecturer, Deptt. Of Hindi, A.M. College, Gaya 37. Dr. (Smt.) Pritpal Kaur W/O Madhusudan Singh R/O Salimpur Ahara, Dwarka Nath Lane (Boulia), P.S. Kadamkuan, Distt. Patna 38. Dr. Phulo Paswan S/O Late Kheyali Paswan R/O Vill- Makia, P.S. Benipatti, Distt. Madhubani, at present working as Principal, V.S.J. College, Rajnagar (Madhubani) Under L.N. Mithila University, Darbhanga 39. Dr. Manoj Kumar S/O Prof. (Dr.) A.S. Yadav R/O Road No. 13, Rajendra Nagar, Patna at present working as Lecturer, Deptt. Of Botany, College Of Commerce, Kankarbagh, Patna …. Writ Petitioners/Respondent 3rd Set ====================================================== Appearance : For the Appellant/s : Mr. Shailendra Kumar Singh, Advocate For the State : Mr. Yogendra Pd. Sinha, AAG15 For the University : Mr Hans Raj & Mr Shivendra Kishor, Adv. ================================================== Patna High Court LPA No.610 of 2011 (2) dt.28-07-2011 3 2 28-07-2011 Heard learned counsel for the appellant, learned counsel for the Magadh University and learned counsel for the State. 2. The judgment under appeal is a common judgment passed in more than one writ petitions allowing the prayer of the writ petitioners to quash the notification contained in memo no.64/ 2009 dated 8.6.2009 by which a panel of successful candidates was notified for filling up future vacancies and also several other notifications whereby appellant and some other persons were appointed as Principal of different constituent colleges in the Magadh University. 3. Learned counsel for the appellant fairly submitted that Letters Patent Appeal No.358 of 2011 preferred by Dr Om Prakash Singh and others against the same very judgment and order under appeal was dismissed by a Division Bench of this Court on 5.4.2011. He also produced before us a copy of the order of the Hon’ble Supreme Court in Special Leave to Appeal (Civil) Nos.11529-11531of 2011. That order dated 6.5.2011 affirmed the order of the Writ Court under appeal as well as order of the Division Bench passed in LPA No.358 of 2011 but at the same time while dismissing the Special Leave Petitions, the Supreme Court directed that the University shall make fresh selection from Patna High Court LPA No.610 of 2011 (2) dt.28-07-2011 4 amongst those who had applied pursuant to the advertisement issued on 25.10.2008 in accordance with relevant statutes, rules etc. without being influenced by directions given by the leaned single Judge in the last portion of the order under appeal. 4. On behalf of the appellant it was submitted that impleadment of the Vice Chancellor as Chairman of the Selection Committee which made the selection was not sufficient and the Selection Committee should also have been impleaded as a respondent but since that was not done, the writ petition should have been dismissed. No such objection on account of alleged non- impleadment of a necessary party was taken before the Writ Court. In our view, since the issue was not raised before the Writ Court, it is not proper to consider such a plea at the appellate stage. Moreover, since the Chairman of the Selection Committee was a party before the Court, no prejudice can be said to have been suffered by the appellant. 5. Following the judgment of the earlier Division Bench in LPA No.358 of 2011 as affirmed and clarified by the order of the Supreme Court dated 6.5.2011, this appeal is dismissed in the said terms. Sanjay Kumar (Shiva Kirti Singh, J) (Shivaji Pandey, J)