Ram Tawakya Singh vs State Of Bihar & Ors

The background facts 3.1 By Notifications dated 9.4.2010 and 15.4.2010, the Chancellor appointed Dr. Arvind Kumar and Dr. Subhash Prasad Sinha as Vice-Chancellor of Magadh and Veer Kunwar Singh Universities, respectively. The same were challenged by Dr. Pramod Kumar Singh and Dr. Ram Tawakya Singh in CWJC No.8141/2010 on the ground that the Chancellor had not consulted the State Government as per the requirement of Section 10(2) of the Bihar State Universities Act, 1976 (for short, ‘the BSU Act’). The learned Single Judge of the Patna High Court allowed the writ petition and quashed the notifications issued by the Chancellor. He referred to the affidavits filed by the parties, the documents produced by them as also the documents summoned by the Court and observed:

3.5 During the pendency of the letters patent appeals before the High Court, the Chancellor issued Notifications dated 1.8.2011 and 3.8.2011 for appointment of as many as ten persons as Vice-Chancellors and Pro Vice-Chancellors of different Universities of the State. The details of these appointments are as under:

Accordingly, the operation of notifications dated 9.2.2013 and 19.2.2013 issued by the Governor-cum-Chancellor, Bihar appointing the private respondents as Vice-Chancellors and Pro Vice-Chancellors of different Universities is stayed and they are restrained from functioning as Vice Chancellors and Chancellors of the concerned Universities.

For the aforesaid reasons, CWJC No. 15123 of 2011 is allowed. The impugned Notifications dated 1st August 2011 and 3rd August, 2011 are quashed and set aside. The appointment of the respondent nos. 20 to 29 is held to be illegal and contrary to the Bihar Universities Act, 1976 or the Patna University Act, 1976, as the case may be, and are set aside.

The Chancellor will, within one month from today, propose names for appointment of Vice-Chancellors and Pro Vice- Chancellors in the above referred Universities to the State Government with the relevant materials. The State Government will, within 30 days therefrom, forward its opinion in respect of all such names to the Chancellor. After receipt of such opinion, the Chancellor will make the appointment of Vice-Chancellors and Pro Vice-Chancellors in the respondents Universities.

These clearly indicate that the moral character and the integrity of Dr. Bimal Kumar is not good enough to be considered for appointment as the Vice Chancellor and enquiries and investigations are currently going on in the Vigilance Department.

Based on the facts mentioned above Dr. Singh is not fit to be appointed as Vice Chancellor.

9. Dr. Sheo Shankar Singh Complaints have been received from one Sri Ramashankar Yadav, Vill. Jaitpur, P.O. Asani, P.S. Udwantnagar, Bhojpur regarding financial irregularity against Sri Singh. These have to be further enquired into. Without further details about his academic qualifications, quality to publications and experience it is difficult to suggest Dr. Singh's name as appointment of Vice-Chancellor.

(18) The Vice-Chancellor shall have the power to take disciplinary action against all employees of the University including officers and teachers of the University;

(19) An appeal shall lie to the Chancellor against the order of the Vice-Chancellor imposing the penalty of dismissal, removal from service or reduction in rank.

(2) The Pro-Vice-Chancellor shall be a whole-time officer of the University. He shall hold office, on such conditions as may be determined, by the Chancellor, in consultation with the State Government, for a period not exceeding three years during the pleasure of the Chancellor.

(3) Where the person appointed as Pro-Vice-Chancellor gets pension from the Central or the State Government or any University or from any other source, the amount of pension due to him from such source shall be deemed to be the part of his salary as Pro-Vice-Chancellor.

(5) The Pro-Vice-Chancellor shall be responsible for admission and conduct of the examination up to Bachelor course and the publication of the result of the examination conducted by the University up to Bachelor course and shall be responsible for student welfare.” PU Act “11. The Vice-Chancellor.—(1) No person shall be deemed to be qualified to hold the office of the Vice-Chancellor, unless he-

(2) The Vice-Chancellor shall be appointed by Chancellor, in consultation with the State Government from amongst persons having qualification as mentioned in sub-section (1) and he shall hold office during the pleasure of the Chancellor.

(3) The Vice-Chancellor shall be whole-time officer and shall hold office for a period of three years with effect from the date on which he assumed charge. On the expiry of the said period, he may be re-appointed for another term not exceeding three years.

(4)(i) Other terms and conditions of his appointment shall be determined by the Chancellor in consultation with the State Government.

(ii) Where the person appointed as Vice-Chancellor gets pension from the Central or the State Government or any University or from any other source, the amount of pension due to him from such source shall be deemed to be the part of his salary as Vice- Chancellor.

(5) The Vice-Chancellor shall be the principal executive and academic officer of the University, Chairman of the Syndicate and of the Academic Council, and shall be entitled to be present and speak at any meeting of any authority or other body of the University and shall, in the absence of the Chancellor, preside at meetings of the Senate and any convocation of the University;

(7) ……………… (8) The Chancellor shall have the right to visit and inspect the Colleges and building, laboratories, workshops, and equipments thereof and any other institutions associated with the University.

(9) The Vice-Chancellor shall carry out the orders of the Syndicate in respect of appointment, transfer, discharge or suspension of officers and teachers of the University, and shall exercise general control over the educational arrangement of the University, and shall be responsible for the discipline of the University.

(16) The Vice-Chancellor shall have power to take disciplinary action against officers, teachers and all employees of the University.

(17) An appeal shall lie to the Chancellor against the order of the Vice-Chancellor imposing the penalty of dismissal, removal from service or reduction in rank.” (Most of the remaining provisions contained in this section are identical to those contained in Section 10 of the Bihar State Universities Act.) “14. Pro-Vice-Chancellor.—(1) The Chancellor shall appoint the Pro-Vice Chancellor in consultation with the State Government.

(2) The Pro-Vice-Chancellor shall be a whole time officer of the University. He shall hold office for a period not exceeding three years during the pleasure of the Chancellor on such conditions as may be determined by the Chancellor in consultation with the State Government.

(3) Where the person appointed as Pro-Vice-Chancellor gets pension from the Central or the State Government or any University or from any other source, the amount of pension due to him from such source shall be deemed to be the part of this salary as Pro-Vice-Chancellor.

(5) The Pro-Vice-Chancellor shall be responsible for admission and conduct of examination up to Bachelor course and the publication of the result of the examination conducted by the University up to Bachelor Course and he shall be responsible for student welfare also.”

13. The Pro Vice-Chancellor is also a whole time officer of the University and is entitled to exercise such powers and perform such duties which may be prescribed or which may be conferred or imposed on him by the Vice-Chancellor. He is responsible for admission and conduct of examination up to Bachelor course and also the student welfare.

(ii) The selection of Vice-Chancellor should be through proper identification of a Panel of 3-5 names by a Search Committee through a public notification or nomination or a talent search process or in combination. The members of the above Search Committee shall be persons of eminence in the sphere of higher education and shall not be connected in any manner with the University concerned or its colleges. While preparing the panel, the search committee must give proper weightage to academic excellence, exposure to the higher education system in the country and abroad, and adequate experience in academic and administrative governance to be given in writing along with the panel to be submitted to the Chancellor.

(iii) Following shall be the constitution of the Search Committee.

(c) A member nominated by the State Government who shall be an eminent Academician and have full knowledge of the academic structure and problems of higher education of the State."

31. In the result, the appeals and the writ petition are allowed in the following terms:

(iii) The Chancellor shall make appointments after effective and meaningful consultation with the State Government, as indicated in the orders passed by the learned Single Judge and the Division Bench of the High Court in the case of Dr. Subhash Prasad Sinha and Dr. Arvind Kumar.

(iv) The aforesaid exercise shall be completed within a maximum period of three months and appointments of the selectees shall be made within next four weeks.

(v) The persons who are currently holding charge of the offices of Vice-Chancellors and Pro Vice-Chancellors shall continue to discharge the duties of their respective offices till the joining of new appointees.

August 19, 2013.