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Patna HC Directs Chancellor Of Universities Of Bihar To Consider Representation Against Alleged Illegal Appointments & Financial Irregularities
LIVELAW NEWS NETWORK
13 Sept 2022 11:15 AM IST
The Patna High Court has directed the Chancellor of Universities of Bihar to decide a representation against alleged illegal appointments and financial irregularities in various universities recently in the State.A division bench of Chief Justice Sanjay Karol and Justice S. Kumar directed the authority to consider and dispose of expeditiously, the representation to be made by the...
The Patna High Court has directed the Chancellor of Universities of Bihar to decide a representation against alleged illegal appointments and financial irregularities in various universities recently in the State.
A division bench of Chief Justice Sanjay Karol and Justice S. Kumar directed the authority to consider and dispose of expeditiously, the representation to be made by the Petitioner herein, by a reasoned and speaking order, preferably within a period of four months.
The petitioner had approached High Court seeking the following remedies:
- Quashing of illegal appointment of Chancellor, vice-chancellor and other authorities of the university of State of Bihar under section 10 of Bihar University Act;
- Direction on the respondent to investigate the illegal/ defalcation done by these authorities in connivance of the university officials against the university and state;
- To Command the Respondent to make a Special Vigilance Unit to find out about the misuse of university funds;
- To Command the Respondent to make a Special Vigilance Unit to find out the quantum of fund manipulation by the highest officials of the university;
- To restrain the office of Vice chancellor from interfering into the investigation
- For the court to monitor the investigation
The plea names Narayan Mithila University, BR Ambedkar Bihar University, Magadh University, Munger University, Veer Kunwar Singh University and Lalit Narayan Mithila University as Respondents.
After hearing the matter at some length, the Court referred to DN Jeevaraj v. Chief Secretary, Government of Karnataka & Ors wherein it was held that no writ or order in the nature of a mandamus would issue when there is no failure to perform a mandatory duty.
Following this, the Petitioner's counsel submitted that he would be content if a direction is issued to the Chancellor to consider and decide his representation.
Accordingly, the petition was disposed of. The Court directed that while considering Petitioner's representation, principles of natural justice shall be followed and due opportunity of hearing will be afforded to the parties. An opportunity to place on record all relevant materials/documents shall also be granted to the parties.
Liberty was reserved to the petitioner to approach the appropriate forum/Court, should the need so arise subsequently
Case Title: Rohit Kumar versus The State of Bihar and Ors.
Citation: 2022 LiveLaw (Pat) 31
