Patna High Court Orders Appointment Of Regular Principal For Gaya College Being Run By Professor-In-Charge Since 2017

The Patna High Court recently directed the authorities including Magadh University and its the vice-chancellor, to appoint within two months a regular principal for Mirza Ghalib College, Gaya, which has been functioning with a Professor-in-charge acting as a principal since seven years. 

A single judge bench of Justice Nani Tagia, emphasised that a college cannot continue to function through a Professor-in-charge acting as the administrative head for an extended period, as has been the case since 2017 in the instant case. 

“When there is a law in place for appointment of a Principal of the college as an administrative head, the college cannot be allowed to function through Professor-incharge to act as an administrative head of the college for such a long period of time, which, in the instant case, is stated to be continuing since 2017," the high court said. 

“Under the circumstances, keeping in view the mandate of the Bihar State Universities Act, 1976 and the statutes approved by the Chancellor for appointment of the Principal of a college, this writ petition is disposed off with a direction to the respondents to take steps for appointment of a regular Principal of Mirza Ghalib College, Gaya in accordance with law immediately, which shall be concluded within two months from today,” the court added.

The Court's order came in a writ petition filed by Dr. Sujat Ali Khan, a professor at the college, challenging a letter issued by the Registrar of Magadh University. The letter directed the Secretary of Mirza Ghalib College to restrain the petitioner from continuing as Professor-in-charge and to refrain from assigning him any responsibilities until the outcome of an inquiry report.

Dr. Khan had been serving as the Professor-in-charge of the college in the absence of a regular principal since 2017. Senior advocate Amit Srivastava, representing the college management, confirmed before the Court that the college has been without a regular principal for this extended period.

The Court noted that Mirza Ghalib College, Gaya, is a registered society under the Societies Registration Act, 1860, and operates under its bylaws. The court noted that the college is also stated to be a "minority college", affiliated to Magadh University, Gaya and is governed by the Bihar State Universities Act, 1976–various statutes made thereunder, and the guidelines issued by the University Grants Commission. 

Expounding on Section 57(A)(5) of the Bihar State Universities Act, the Court observed that the appointment of teachers, including the Principal, in minority colleges must be made by the college's governing body with the approval of a Selection Committee constituted by the university. Section 57(B) outlines the composition of this Selection Committee.

The court thus noted that the Bihar State Universities Act, along with the statutes approved by the Chancellor, provides for a mode and manner of appointment of the Principal of a College. 

While disposing of the plea the court said, “In the event, the respondent authorities fail to appoint a regular Principal of Mirza Ghalib College, Gaya within the period stipulated hereinabove, the petitioner, who was appointed as a Professor-in-charge on 05.03.2023 to act as Administrative-in-charge of the college, shall stand revived.”

Case Title: Dr. Shujaat Ali Khan vs The State of Bihar

LL Citation: 2024 LiveLaw (Pat) 80

Click Here To Read Judgement