Patna High Court - Orders
Asha Sahay vs The Vice Chancellor, Bhim Rao Ambedkar ... on 12 February, 2018
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 18581 of 2015
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Asha Sahay, aged about 59 years, Wife of Late Kumar Nalin Bilochan
Sahay Resident of Village- Kutirganj, P.S. Bhagwan Bazar, District- Saran
at Chhapra, Presently residing at road no. 8A, Changar, P.S. Kankarbagh,
District Patna.
.... .... Petitioner/s
Versus
1. The Vice Chancellor, Bhim Rao Ambedkar Bihar University,
Muzaffarpur.
2. The Registrar, Bhim Rao Ambedkar Bihar University, Muzaffarpur.
3. The Finance Officer, Bhim Rao Ambedkar Bihar University,
Muzaffarpur.
4. The Vice Chancellor, Jai Prakash University, Chapra.
5. The Registrar, Jai Prakash University, Chapra.
6. The Finance Officer, Jai Prakash University, Chapra.
7. The State of Bihar through the Principal Secretary, Human Resources
Development Department, Government of Bihar, New Secretariat
Building, Bailey Road, Patna- 800001.
8. The Principal Secretary, Human Resources Deve lopment Department,
Government of Bihar, New Secretariat Building, Bailey Road, Patna-
800001.
9. The Chancellor of Universities, Bihar through the Principal Secretary,
Raj Bhawan, Patna.
10. The Financial Advisor, Jai Prakash University, Chapra.
11. The Chief Secretary, Bihar, Old Secretariat, Patna.
12. The Director General of Police, Bihar, Patna Old Secretariat, Patna.
13. The Principal Secretary, Department of Finance, Government of Bihar,
Patna.
14. The Accountant General (A & E) Bihar, Patna, Birchand Patel Marg,
Patna.
.... .... Respondent/s
Patna High Court CWJC No.18581 of 2015 (10) dt.12-02-2018
2/12
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Verma, Advocate
For the State : Mr. K. P. Yadav, G.P. 11 and
Mr. Sunil Kumar, A.C. to G.P. 11
For theV.K.S.U., Ara : Mr. P. K. Verma, Sr. Advocate
Mr. Aravind Nath Pandy, Advocate
For the K.S.D.S.U. : Mr. Awadhesh Prasad Singh, Advocate
For the L.N.M.U. : Mr. Md. Nadim Seraj, Advocate
For the P.U. : Mr. Md. Nadim Seraj,
Mr. Manish Dhari Singh,
Mr. Digvijay Singh and
Mr. B. J. Jha, Advocates
For the M.U. : Mr. Shivendra Kishore, Sr. Advocate
Mr. Ritesh Kumar, Advocate
Mr. Dr. Kumar Amitesh Chandra, Advocate
For the B.N.M.U. : Mr. Anand Kumar Singh and
Mr. Ritesh Kumar, Advocates
For the M.M.H.A.P.U. : Mr. Md. Rashid Izhar, Advocate
For the N.O.U.P. : Mr. Navin Prasad Singh, Advocate
For the J.P. University : Mr. Anjani Kumar, Sr. Advocate
Mr. Nagendra Kumar Singh,
Advocate
For the T. M. B. University : Mr. Anjani Kumar, Sr. Advocate
Mr. Shailendra Kumar Singh,
Advocate
For the B.R.A. Bihar : Mr. Vikash Ratan Bharti, Advocate
University
For the A.K.U. : Mr. Rajendra Kumar Giri, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL ORDER
10 12-02-2018Learned counsel for the parties and Mr. Lalit Kishore, learned Advocate General for the State have assisted the Court.
2. Pursuant to the last order, Mr. R. K. Mahajan, Education Secretary; Mr. Brijesh Mehrotra, Principal Secretary Patna High Court CWJC No.18581 of 2015 (10) dt.12-02-2018 3/12 to the Hon'ble Chancellor; Mrs. Sujata Chaturvedi, Finance Secretary; Mr. Dr. Harikash Singh, Vice Chancellor and Mr. Syed Raza, Registrar, J. P. University, Chapra; Mr. Prof. Sarva Narayan Jha, Vice Chancellor and Mr. Shiva Lochan Jha, Registrar, K.S.D.S. University, Darbhanga; Prof. Saiyed Mumtazuddin, Vice Chancellor and Dr. Manoj Kumar, Registrar, V.K.S.U. Ara; Prof. Dr. Surendra Kumar Singh, Vice Chancellor and Dr. Mustafa Kamal Ansari, Registrar, L.N.M.U., Darbhanga; Prof. Dr. Ras Bihari Prasad Singh, Vice Chancellor and Dr. Rabindra Kumar, Registrar, Patna University; Prof. Qamar Ahsan, Vice Chancellor and Prof. Shailash Kumar Singh, Registrar, Magadh University; Mr. Awadesh Kishore Rai, Vice Chancellor and Mr. Narendra Kumar Shrivastava, Registrar, B. N. Mandal University; Mr. R. K. Sinha, Vice Chancellor and Mr. Md. Israv Hassan Khan, Registrar, Maulana Majharul Haque A & P. University, Patna; Mr. R. K. Sinha, Vice Chancellor and Mr. S. P. Sinha, Registrar, Nalanda Open University, Patna; Mr. M. K. Jha, Vice Chancellor and Mr. S. N. Choudhary, Registrar, T. M. Bhagalpur University; Mr. A. N. Yadav, Vice Chancellor and Mr. A. K. Srivastava, Registrar, B.R.A. Bihar University; Prof. Arun Kumar Agarwal, Vice Chancellor and Mr. Rajeev Ranjan, Registrar, Aryabhatta Knowledge University are also Patna High Court CWJC No.18581 of 2015 (10) dt.12-02-2018 4/12 present.
3. The reason why the Court had called the officers of the State and Universities, was that in cases, one after the other, the Court found that there was some communication gap between the authorities at the Government level and the authorities of the Universities leading to there being a situation where smooth functioning was hampered and even routine matters were not being disposed off. Basically, the burden before this Court and also before the Universities as well as the Government is with regard to payment to the serving and retired employees of the Universities of Bihar since the entire payment of salary and post retiral benefits is made from State Government funds.
4. Matters were discussed in detail in a frank and open manner and it transpires that because of there being lack of co-ordination among the Vice Chancellor, Registrar, Financial Advisor and Finance Officer of the Universities, it leads to a situation where even the lower functionaries do not co-operate and matters are held up and in case of dispute, there is no remedy available as ultimately in matters of difference between the Vice Chancellor and Financial Advisor the same has to be referred to the Hon'ble Chancellor, which unnecessarily creates delay as it is not practical that in majority of cases, reference be made to the Patna High Court CWJC No.18581 of 2015 (10) dt.12-02-2018 5/12 Hon'ble Chancellor and he be burdened with such petty matters. With such objective in mind, the discussions today have been fruitful and healthy.
5. The Court is happy to note that at least there is unanimity between the parties that there has to be cohesion between the functionaries for the smooth functioning of the Universities, within the framework of the statute and where matters are not specifically barred, a modality be worked out and evolved so that ultimately the Universities run in the manner they were contemplated to. In this connection, a suggestion was made that the Vice Chancellors and Pro-Vice Chancellors, having been chosen by the Hon'ble Chancellor in consultation with the State Government, once he and the State Government have reposed their faith by appointing the person, appointment of officers who are subordinate to the Vice Chancellor, be done in a manner in which he has some say, like being consulted or in the alternative, if he makes a grievance against the person, due cognizance is taken of such complaint.
6. The Court would record that it was heartening to note that the officers as well as the Vice Chancellors were also agreeable, in principle, on this point. However, for this a modality has to be worked out, which is not contrary to the Patna High Court CWJC No.18581 of 2015 (10) dt.12-02-2018 6/12 statute and which does not dilute the power of the Hon'ble Chancellor on the one hand and on the other hand maintains the authority of the Vice Chancellor, as ultimately he is responsible and accountable for its smooth running. Moreover, the office of the Vice Chancellor needs to be strengthened by giving due weightage to his request relating to indiscipline by his subordinates. This is not to suggest that the arbitrary action of any Vice Chancellor should be left unchecked. There is sufficient power conferred by the statute on the Hon'ble Chancellor/ State Government to take appropriate action against any Vice Chancellor, as and when the situation so demands. However, till the time the same is not done, there should not be any dilution of the authority of the Vice Chancellor in his University and there should not be any encouragement, either open or tacit, to any attempt to create parallel or alternate centres of power in the Universities.
7. The Court has been informed by the learned Advocate General that in fact pursuant to matters being monitored by a Division Bench of this Court, presided over by Hon'ble the Chief Justice, the meeting of Vice Chancellors and officers has been convened today at 4.00 P.M. in which such matters would be discussed in detail and some arrangement shall Patna High Court CWJC No.18581 of 2015 (10) dt.12-02-2018 7/12 be worked out so that things do not come to a pass for minor glitches and the ramification results in major embarrassment to the State Government as well as the Universities before the Court. The Principal Secretaries, Education and Finance have informed the Court that as a one time measurement, the genuine and legitimate demand of the Universities shall be cleared by way of a supplementary budget for approximately Rs. 440 crores and then probably from the next financial year, the matters would be more streamlined and restricted to only such cases where there is actual dispute. The Court would clarify here that the liability of the State Government is limited to appointments made validly, in accordance with law, as per the requirement of the statute on duly sanctioned posts. With regard to the rest, the Court would only observe that as and when the matters are brought before the appropriate forum, the same shall be looked into, in accordance with law.
8. However, the Court has been informed that one of the major problems is non sending of budgetary requirement, by the Universities, along with details, to the State Government in time, so that it can be processed. Upon suggestion coming from the side of the Vice Chancellors, the Principal Secretary, Education has readily agreed to send the team for verification of Patna High Court CWJC No.18581 of 2015 (10) dt.12-02-2018 8/12 the entitlement of persons, to the University headquarters so that they are not saddled with the requirement to bring the entire records to the State headquarters. With regard to there being no recruitment in the Universities on Class-III and Class-IV posts, in view of some letter issued by the Department to this effect, the Principal Secretary, Education Department has clarified that there should not be any ban and if at all some letter is on record, upon the same being brought to his notice, appropriate corrective and remedial measures shall be taken so that, as per the statute, the power being vested with the Universities themselves to make appointment on Class-III and Class-IV posts, on sanctioned approved posts, can be done, in accordance with law.
9. As suggested by the learned Advocate General, the Court also deems it appropriate to implead the Accountant General (A & E), Bihar, Patna as respondent no. 14, in the present proceeding in view of the fact that the Financial Advisors and Finance Officers are appointed on the basis of names called by the office of the Hon'ble Chancellor from the Accountant General, which, as past experience has shown, has not been prompt and in some cases, remains pending without any names being sent, due to which unnecessarily there is delay in such appointment and, further, even if any complaint is made against Patna High Court CWJC No.18581 of 2015 (10) dt.12-02-2018 9/12 them, it is difficult for the Hon'ble Chancellor to make any alternative arrangement due to there being nobody else in the panel.
10. The Principal Secretary to the Hon'ble Chancellor has informed that they have now called for applications from persons interested, belonging to the administrative service as well as ex-army personnel, for appointment to the post of Registrar of Universities and also from qualified persons, for being appointed as Financial Advisor and Finance Officer in the Universities and applications have been received and after interview, upon short listing, a panel shall be prepared from which persons shall be appointed to various Universities. He has fairly taken a stand that he shall convey the sentiments and observations of the Court to the Hon'ble Chancellor, that it would be in the interest of administration and for the purposes of achieving the object of uplifting the standard of education and smooth functioning of the Universities, that for the short listing, during interview, if possible, a few Vice Chancellors, chosen by the Hon'ble Chancellor, may also assist in such exercise. Further, the Court would also request the Hon'ble Chancellor to work out some practical ways of making appointment of Registrars so that instead of getting over the present situation, further complications Patna High Court CWJC No.18581 of 2015 (10) dt.12-02-2018 10/ 12 are not created.
11. The Court is recording another relevant aspect in the matter, where learned counsel representing the Universities have informed that since long their bills have not been cleared. When called upon, it transpires that though at the level of the Vice Chancellors, the approval is there but ultimately actual payment is not being made to learned counsel. The Court feels that when counsel are appearing before the Court and assisting, it is equally the duty of the Court to ensure that they do not suffer and what is due to them are paid to them promptly without delay. At this stage, the Vice Chancellors and the Registrars prayed to the Court that no order be passed to this effect as they shall ensure that with regard to the panel, which is currently working, the dues shall be cleared latest by tomorrow and with regard to the dues of learned counsel, who have been on the panel previously, the same shall be cleared within two weeks. They have also assured that tomorrow they would be sending their representative with the cheques of the learned counsel who shall receive it in the Court itself from the officers of the Universities. They have further assured the Court that, in future, the due fee of learned counsel shall be paid within three weeks of them submitting their bill in the required proforma. Patna High Court CWJC No.18581 of 2015 (10) dt.12-02-2018
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12. Learned counsel for the petitioner is requested to make necessary correction with regard to impleadment of the Accountant General, in the cause title, during the course of the day. Let Registry serve copy of this order on learned counsel appearing for the Accountant General in the High Court latest by day after tomorrow and name of learned counsel be printed in the cause list.
13. Learned counsel for J.P. University has informed the Court that in the present case, they have made admitted payment but learned counsel for the petitioner disputes the same.
14. In view thereof, learned counsel for the J.P. University submitted that they shall provide the calculation chart with regard to payment made under various heads to the petitioner latest within one week from today.
15. Learned counsel for the petitioner shall be at liberty to file appropriate rejoinder to the same.
16. As a meeting has already been convened under the Chairmanship of the learned Advocate General today, the Court deems it appropriate to adjourn the matter and, accordingly, as prayed for by learned counsel for the parties, the matter be listed on 5th April, 2018, under the heading 'For Orders' at 10.30 A.M. Patna High Court CWJC No.18581 of 2015 (10) dt.12-02-2018 12/ 12
17. The officers present today are requested to be present on the next occasion also.
(Ahsanuddin Amanullah, J.) P. Kumar U