Patna High Court
Mazhar Elahi vs The State Of Bihar on 25 July, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1503 of 2015
In
Civil Writ Jurisdiction Case No.5744 of 2012
======================================================
1. The Vice Chancellor, Patna University Patna Ashok Raj Path, P.S.-
Pirbahore, Patna.
2. The Registrar, Patna University, Patna Ashok Raj Path, P.S.- Pirbahore,
Patna.
... ... Appellants
Versus
1. The State of Bihar.
2. The Principal Secretary, Education Department, Govt. of Bih.
3. Dr. Chandra Bhushan Shrivastava S/o Sri Avinash Chandra Lal, Resident of
Mohalla- House No. 02, Azad Nagar, P.S.- Jangipur, District- Jangipur U.P.
4. Dr. Reeta Sharma W/o Gautam Sagar Rana, Resident of 174, Kautilya
Nagar, P.S.- B.V. College, P.S.- Shastri Nagar, District- Patna.
5. Dinesh Kumar, S/o Shiv Muni Ram, Resident of Village- Jamuon, P.S.- Piro,
District- Ara, at present C/o- Ramu Kumar, Resident of Mohalla- Dhobi
Tola, Bihar
... ... Respondents
======================================================
with
Letters Patent Appeal No. 1509 of 2015
In
Civil Writ Jurisdiction Case No.5456 of 2012
======================================================
Ajay Kumar Pandey Son of Shri Krishna Pandey resident of F 44/5, Near
MCD School, Mohalla-Rajpur Extension P.s.- Mehrauli, New Delhi, at
present Teacher ,Art and Craft College, Patna.
... ... Appellant
Versus
1. The State of Bihar.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Vice Chancellor, Patna University, Patna.
4. The Registrar Patna University, null Patna.
5. Amresh Kumar Son of Jagadish Singh Resident of Flat A. G.G. Complex,
behind Rajendra Nagar, Post Office and Police Station - Kadamkuan,
District - Patna.
Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025
2/27
... ... Respondents
======================================================
with
Letters Patent Appeal No. 1518 of 2015
In
Civil Writ Jurisdiction Case No.3785 of 2012
======================================================
Chandra Bhushan Srivastava son of Shri Avinash Chandra Lal, Resident of
Mohalla House No. 02, Azad Nagar, P.S.- Jangipur, District- Jangipur U.P.
... ... Appellant
Versus
1. The State of Bihar.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna
3. The Vice Chancellor, Patna University, Patna.
4. The Registrar, Patna University, Patna.
5. Dr. Reeta Sharma, wife of Shri Gautam Sagar Rana, resint of 174, Kautilya
Nagar, P.O.- B.V. College, P.S. Shastri Nagar, District- Patna.
6. Anil Bihari, son of Late Shiv Lal Mandal, resident of Mohalla- Mungeriganj,
P.S. Begusarai, District Begusarai.
... ... Respondents
======================================================
with
Letters Patent Appeal No. 1573 of 2015
In
Civil Writ Jurisdiction Case No.4611 of 2012
======================================================
1. The Vice- Chancellor, Patna University Patna Ashok Raj Path, P.S.-
Pirbahore, Patna.
2. The Registrar, Patna University, Patna, Ashok Raj Path, P.S.- Pirbahore,
Patna.
... ... Appellants
Versus
1. The State of Bihar.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. Dr. Umesh Kumar Singh, S/o Sri Samar Bahadur Singh, resident of N-
9/87D-15 Janki Nagar Lane No. -1, P.O.- Bazar Diha, Varanasi- 221106.
4. Rajesh Kumar Singh, son of Late Ram Bali Singh, Resident of B-300
Sidharth Banglows, Sabhali Road, Baroada, Gujrat- 390022.
... ... Respondents
Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025
3/27
======================================================
with
Letters Patent Appeal No. 1584 of 2015
In
Civil Writ Jurisdiction Case No.3785 of 2012
======================================================
1. The Vice- Chancellor, Patna University, Patna Ashok Raj Path, P.S.-
Pirbahore, Patna.
2. The Registrar, Patna University, null Patna Ashok Raj Path, P.S. - Pirbahore,
Patna.
... ... Appellants
Versus
1. The State of Bihar.
2. The Principal Secretary, Education Department, Govt. of Bihar.
3. Dr. Chandra Bhushan Shrivastava, S/o Sri Avinash Chandra Lal, Resident of
Mohalla - House No. 02, Azad Nagar, P.S. - Jangipur, District - Jangipur U.P.
4. Dr. Reeta Sharma, W/o Gautam Sagar Rana, Resident of 174, Kautilya
Nagar P.S. - B.V. College, P.S. - Shastri Nagar, District - Patna.
5. Anil Bihari, S/o Late Shiv Lal Mandal, Resident of Mungeriganj, P.S. -
Begusarai, District - Begusarai.
... ... Respondents
======================================================
with
Letters Patent Appeal No. 1591 of 2015
In
Civil Writ Jurisdiction Case No.3751 of 2012
======================================================
Shashi Ranjan Prakash son of Sri Ramchandra Ram, resident of H. No.- 770,
Ward No.- 32, Peonibagh, Baswaria, P.O. and P.S- Bettiah, District- West
Champaran.
... ... Appellant
Versus
1. The State of Bihar.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Vice Chancellor, Patna University, Patna.
4. The Registrar, Patna University, Patna.
5. Abinash Das, son of Late Nityanand Das, resident of Mohalla 310, Shahid
Udham Singh Nagar, P.O. and P.S.- Jalandhar-1, Punjab, presently residing
at B-3, Professor Quarters, Law College Campus, Near Mahendru Post
Office, P.S.- Pirbahore, District- Patna.
6. Dinesh Sharma, son of Sri Bangali Sharma, resident of village- Koyri Bigha,
Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025
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P.S.- Barbigha, District- Sheikhpura.
... ... Respondents
======================================================
with
Letters Patent Appeal No. 1604 of 2015
In
Civil Writ Jurisdiction Case No.3751 of 2012
======================================================
Abinash Das Son of late Nityanand Das resident of Mohalla 310, Shahid
Udham Singh Nagar, P.o. and P.S. Jalandhar-1, Punjab, Presently residing at
B-3, Professor Quarters ,Law College Campus, Near Mahendru Post Office,
P.S.- Pirbahore, District Patna.
... ... Appellant
Versus
1. The State of Bihar.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Vice-Chancellor, Patna University, Patna.
4. The Registrar, Patna University, Patna.
5. Shashi Ranjan Prakash Son of Sri Ramchandra Ram resident of H.No.- 770,
ward no.- 32, Peonibagh, Baswaria, P.o. and P.s.- Bettiah, District- West
Champaran.
6. Dinesh Sharma Son of Sri Bangali sharma resident of Village- Koyri Bigha,
P.s.- Barbigha, District Sheikhpura.
... ... Respondents
======================================================
with
Letters Patent Appeal No. 1712 of 2015
In
Civil Writ Jurisdiction Case No.4611 of 2012
======================================================
Dr. Umesh Kumar Singh son of Sri Samar Bahadur Singh, resident of N- 9/
87D- 15, Janki Nagar Lane No.- 1, P.O.- Bazar Diha, Varanasi 221106.
... ... Appellant
Versus
1. The State of Bihar.
2. The Principal Secretary, Education Department, Government of Bihar,
Patna.
3. The Vice Chancellor, Patna University, Patna.
4. The Registrar, Patna University, Patna.
Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025
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5. Rajesh Kumar Singh, son of Late Ram Bali Singh, resident of B-300,
Sidharth Banglows, Samay Sabhali Road, Baroda, Gujarat- 390022.
... ... Respondent
======================================================
with
Letters Patent Appeal No. 1759 of 2015
In
Civil Writ Jurisdiction Case No.3785 of 2012
======================================================
Dr. Reeta Sharma W/o Sri Gautam Sagar Rana R/o - 174 Kautilya Nagar, P.O.
- B.V. College, P.S. - Shastri Nagar, District - Patna.
... ... Appellant
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Govt. of Bihar, Patna.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Vice-Chancellor, Patna University, Patna.
4. The Registrar, Patna University, Patna.
5. Dr. Chandra Bhushan Shrivastava S/o - Sri Avinash Chandra Lal R/o
Mohalla - House No. 2 Azad Nagar, P.S. - Jangipur, District - Jangipur U.P.
6. Anil Bihari S/o - Late Shiv Lal Mandal R/o Mohalla - Mungeriganj, P.S. -
Begusarai, District - Begusarai.
... ... Respondents
======================================================
with
Letters Patent Appeal No. 1784 of 2015
In
Civil Writ Jurisdiction Case No.5744 of 2012
======================================================
Dr. Reeta Sharma W/o - Sri Gautam Sagar Rana R/o - 174 Kautilya Nagar,
P.O. - B.V. College, P.S. - Shastri Nagar, District - Patna.
... ... Appellant
Versus
1. The State of Bihar.
2. The Principal Secretary Education Department, Govt. of Bihar, Patna.
3. The Vice-Chancellor, Patna University, Patna.
4. The Registrar, Patna University, Patna.
5. Chandra Bhushan Shrivastava S/o - Sri Avinash Chandra Lal R/o Mohalla -
House No. 2 Azad Nagar, P.S. - Jangipur, District - Jangipur U.P.
6. Dinesh Kumar S/o - Late Shiv Muniram Resident of Village - Jamuaon, P.S.
Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025
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- Piro, District - Bhojpur Arah, At present address, C/o - Ramu Kumar,
Mohalla - Dhobi Tola, P.S. - Danapur, District - Patna.
... ... Respondents
======================================================
with
Letters Patent Appeal No. 1852 of 2015
In
Civil Writ Jurisdiction Case No.5039 of 2012
======================================================
1. The Vice- Chancellor, Patna University Patna Ashok Raj Path, P.S.-
Pirbahore, Patna.
2. The Registrar, Patna University, Patna Ashok Raj Path, P.S.- Pirbahore,
Patna.
... ... Appellants
Versus
1. The State of Bihar.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. Rakhee Kumari, D/o Mahavir Singh, Resident of Mohalla- Kankarbagh, P.S.
Kankarbagh, District- Patna.
4. Sujai Mukharjee, S/o Dr. S.N. Mukhurjee, Resident of 561, Dakshindari
Road, Laho Bazar, P.O.- Sribhuni, Calcutta- 700048, West Bengal at present
posted as Lecturer, Art and Craft College, Patna, Vidyapati Marg, P.S.-
Budha Colony, District- Patna.
5. Navin Kumar, S/o Late Shri Rajdeo Sharma, Residenyt of Village- Raghu
Bigha, P.O.- Sansa, Police Station- Daudnagar, District- Aurangabad Bihar.
... ... Respondents
======================================================
with
Letters Patent Appeal No. 1857 of 2015
In
Civil Writ Jurisdiction Case No.5456 of 2012
======================================================
1. The Vice- Chancellor, Patna University Patna Ashok Raj Path, P.S.-
Pirbahore, Patna.
2. The Registrar, Patna University, Patna Ashok Raj Path, P.S.- Pirbahore,
Patna.
... ... Appellants
Versus
1. The State of Bihar.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025
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3. Ajay Kumar Pandey, son of Sri Krishna Pandey, Resident of 44/5, Near
MCD School, Mohalla- Rajpur Extension, P.S.- Mehrauli, New Delhi at
present Teacher Art and Craft College, Patna.
4. Amresh Kumar, son of Jagdish Singh, Resident of Flat No. 1, G.G.
Complex, Behind Rajendra Nagar, P.O. and P.S.- Kadamkuan, District-
Patna.
... ... Respondents
======================================================
with
Letters Patent Appeal No. 1858 of 2015
In
Civil Writ Jurisdiction Case No.3751 of 2012
======================================================
1. The Vice -Chancellor, Patna University, Patna Ashok Raj Path, P.S.-
Pirbahore, Patna.
2. The Registrar, Patna University, Patna Ashok Raj Path, P.S.- Pirbahore,
Patna.
... ... Appellants
Versus
1. The State of Bihar.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. Abhinash Das, S/o Late Nityanand Das, resident of Mohalla- 310, Shahid
Uddham Singh Nagar, P.O. and P.S.- Jalandhar-1, Punjab at present posted
as Lecturer of Art and Craft College, Patna Vidyapati Marg, Patna.
4. Shashi Ranjan Prakash, son of Sri Ram Chandra Ram, Resident of House
No.- 770, Ward No.- 32, Peonibagh, Baswaria, P.O. and P.S.- Betiya,
District- West Champaran.
5. Dinesh Sharma, son of Bangali Sharma, Resident of Village- Koiri Bigha,
P.S.- Barbigha, District- Sheikhpura.
... ... Respondents
======================================================
with
Letters Patent Appeal No. 1859 of 2015
In
Civil Writ Jurisdiction Case No.5860 of 2012
======================================================
1. The Vice- Chancellor, Patna University, Patna Ashok Raj Path, P.S.-
Pirbahore, Patna.
2. The Registrar, Patna University, Patna Ashok Raj Path, P.S.- Pirbahore,
Patna.
... ... Appellants
Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025
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Versus
1. The State of Bihar.
2. The Principal Secretary, Education Department, Govt. of Bihar.
3. Ajay Kumar Pandey, son of Sri Krishna Pandey, Resident of 44/5, Near
MCD School, Mohalla- Rajpur Extension, P.S.- Mehrauli, New Delhi at
present Teacher Art and Craft College, Patna.
4. Ramu Kumar, son of Late Sitaram Pandit, Resident of Mohalla- Dhobi Tola,
P.S.- Danapur Cantt, District- Patna.
... ... Respondents
======================================================
with
Letters Patent Appeal No. 1860 of 2015
In
Civil Writ Jurisdiction Case No.5580 of 2012
======================================================
1. The Vice- Chancellor, Patna University, Patna Ashok Raj Path, P.S.-
Pirbahore, Patna.
2. The Registrar, Patna University, Patna Ashok Raj Path, P.S.- Pirbahore,
Patna.
... ... Appellants
Versus
1. The State of Bihar.
2. The Principal Secretary, Education Department, null Govt. of Bihar, Patna.
3. Mazhar Elahi, son of Mr. Manzoor Elahi, resident of House No.150, Okhala,
Village Jamia Nagar, New Delhi-110025.
4. Ranjeeta Sonkar @ Ranjita D/o Raj Kumar Sonkar, Resident of 433/1483,
Balaganj, Chouraha, Lucknow- 226003 address for correspondence- Art and
Craft, Coperative Fine Art, Lucknow University, Taigore Marg, Lucknow-
226006.
... ... Respondents
======================================================
with
Letters Patent Appeal No. 1882 of 2015
In
Civil Writ Jurisdiction Case No.5580 of 2012
======================================================
Mazhar Elahi son of Manzoor Elahi, resident of H.No. 150, Okhla Village,
P.S- Jamia Nagar, New Delhi, presently Asst. professor, College of Arts and
Crafts, Patna University at Patna.
... ... Appellant
Versus
Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025
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1. The State of Bihar.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Vice-Chancellor, Patna University, Patna.
4. The Registrar, Patna University, Patna.
5. Ranjeeta Sonkar @ Ranjeeta D/o Rajkumar Sonkar, resident of 433/1483,
Balaganj Chauraha, Lucknow, 226003, Correspondence Address College of
Art and Craft, Faculty of Fine Art, Lucknow University, Taigore Marg,
Lucknow 226006.
... ... Respondents
======================================================
with
Letters Patent Appeal No. 1950 of 2015
In
Civil Writ Jurisdiction Case No.5039 of 2012
======================================================
Rakhee Kumari D/O Mahavir Singh, R/O Mohalla Kankarbagh, P.S.
Kankarbagh, District Patna.
... ... Appellant
Versus
1. The State of Bihar
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Vice Chancellor, Patna University, Patna.
4. The Registrar, Patna University, Patna.
5. Navin Kumar S/o Late Shri Rajdeo Sharma, R/o Village Raghu Bigha Post
Office Sansa, P.S. Daudnagar and Distt- Aurangabad Bihar.
6. Sujai Mukharjee Son of Dr. S.N. Mukherjee R/o 561, Dakshindari Road,
Laho Bazar, P.O. Sribhuni, Calcutta- 700048, West Bengal At Present Posted
as Lecturer, Art and Craft College, Patna, Vidyapati Marg, P.S. Budha
Colony, Patna-1.
... ... Respondents
======================================================
Appearance :
(In Letters Patent Appeal No. 1503 of 2015)
For the Appellant/s : Md. Nadim Seraj, Adv.
For the Respondent/s : Mr.Abhinav Srivastava, Sr. Adv.
Mr. Krishna Murari, Adv.
Mr. Pushkar Bharadwaj, Adv.
Miss. Shreyashi Raj, Adv.
(In Letters Patent Appeal No. 1509 of 2015)
For the Appellant/s : Md. Nadim Seraj, Adv.
For the Respondent/s : Mr. Sunil Kumar Singh, Adv.
(In Letters Patent Appeal No. 1518 of 2015)
For the Appellant/s : Mr.Abhinav Srivastava, Sr. Adv.
For the Respondent/s : Mr. Prashant Pratap, GP-2
(In Letters Patent Appeal No. 1573 of 2015)
For the Appellant/s : Md. Nadim Seraj, Adv.
Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025
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For the Respondent/s : Mr.
(In Letters Patent Appeal No. 1584 of 2015)
For the Appellant/s : Md. Nadim Seraj, Adv.
For the Respondent/s : Mr. Abhinav Srivastava, Sr. Adv.
(In Letters Patent Appeal No. 1591 of 2015)
For the Appellant/s : Mr.Abhinav Srivastava, Sr. Adv.
For the State : Mr.Subhash Pd. Singh, GA-3
(In Letters Patent Appeal No. 1604 of 2015)
For the Appellant/s : Mr.Abhinav Srivastava, Sr. Adv.
For the State : Mr. Suresh Kumar, AC to GP-1
(In Letters Patent Appeal No. 1712 of 2015)
For the Appellant/s : Mr.Abhinav Srivastava, Sr. Adv.
For the Respondent/s : Mr. Vikash kumar, SC-11
(In Letters Patent Appeal No. 1759 of 2015)
For the Appellant/s : Mr. Abhinav Srivastava, Sr. Adv.
For the State : Mr. Prashant Pratap, GP-2
(In Letters Patent Appeal No. 1784 of 2015)
For the Appellant/s : Dr. Satyendra Kumar Srivastava, Adv.
For the State : Mr. Rajeshwar Singh, GA-10
Mr. Pramendra Kumar Singh, AC to GA-10
(In Letters Patent Appeal No. 1852 of 2015)
For the Appellant/s : Md. Nadim Seraj, Adv.
For the Respondent/s : Mr.Rakesh Kumar, Adv.
(In Letters Patent Appeal No. 1857 of 2015)
For the Appellant/s : Md. Nadim Seraj, Adv.
For the Respondent/s : Mr. Abhinav Srivastava, Sr. Adv.
(In Letters Patent Appeal No. 1858 of 2015)
For the Appellant/s : Md. Nadim Seraj, Adv.
For the Respondent/s : Mr.
(In Letters Patent Appeal No. 1859 of 2015)
For the Appellant/s : Md. Nadim Seraj, Adv.
For the Respondent/s : Mr.Sunil Kumar Singh, Adv.
(In Letters Patent Appeal No. 1860 of 2015)
For the Appellant/s : Md. Nadim Seraj, Adv.
For the Respondent/s : Mr.Nafisuzzoha, Adv.
(In Letters Patent Appeal No. 1882 of 2015)
For the Appellant/s : Mr.Nafisuzzoha, Adv.
For the Respondent/s : Mr.
(In Letters Patent Appeal No. 1950 of 2015)
For the Appellant/s : Mr.Rakesh Kumar, Adv.
For the Respondent/s : Mr.Kameshwar Kumar, GP-17
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 25-07-2025
On 06.09.2024 we have passed the following
order:-
Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025
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The appellants - Patna
University and selected and appointed
candidates for the post of Assistant
Professors in various discipline have
assailed the order of the learned Single
Judge dated 29.04.2015 passed in CWJC No.
5580 of 2012 and connected matters by
which selection and appointment of the
appellants/candidates/applicants to the post
of Assistant Professor has been interfered
and various directions have been issued.
2. Brief facts of the case are
that in the year 1995 on account of
retirement of teaching staffs led to creation of
eleven posts of Assistant Professors. Instead
of going for regular recruitment they have
proceeded to appoint on ad hoc basis in the
year 1996. CWJC No. 9519 of 2004 was filed
for a direction to Patna University to appoint
permanent Lecturer in Arts and Craft
College. On 18.04.2011, writ petition was
allowed. The learned Single Judge directed
the Vice Chancellor to take appropriate steps
for appointment of vacant posts. Resultantly,
on 17.10.2011 advertisement was issued
inviting application from the eligible
candidates for eleven posts of Assistant
Professor in different subjects namely
Painting-2, Applied Arts-2, Sculpture-2,
History of Art-2, Photography-1 and
Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025
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Graphic-2. The process of selection and
appointment were completed on 08.02.2012.
The appellants/candidates and contesting
respondents (writ petitioners) participated in
the process of selection and appointment.
Contesting respondents were unsuccessful in
the process of selection and appointment to
the aforementioned posts. Feeling aggrieved
by the selection and appointment of
appellants/applicants and contesting
respondents filed CWJC No. 5580 of 2012
and connected matters. Writ petition was
allowed in part by the learned Single Judge
on 29.04.2015 on the score that Experts
Committee constituted was not in terms of
Section 56 of the Patna University
(Amendment) Act, 2007 which was
substituted to Section 56 of the Patna
University Act, 1976. Constitution of the
Experts Committee details have been taken
note of in CWJC No. 5580 of 2012 vide Para
14 and it reads as under:-
"14. A committee was
constituted comprising four experts, one
Chancellor's nominee, one State Government
nominee with the Vice Chancellor of the
Patna University as its Chairman for making
selection and recommending names for
appointment of Assistant Professors in all
subjects pursuant to the said advertisement.
The details of the committee so constituted is
given herein below, which has been taken
Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025
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from a supplementary counter affidavit filed
on behalf of the respondent- Patna University
in CWJC No. 5580 of 2012:-
"(i) (Prof. Sunil Kumar, Expert, Prof. &
Director, SOPVA, IGNOU, New Delhi
(ii) Prof. Madan Singh Rathore, Expert, Prof.
& Head, Dept. of Visual Arts, M. L. Sukhadia
University, Udaipur, Rajasthan
(iii) Prof. Dr. Anupa Pande, Prof. & Head,
Dept. of History of Art, New Delhi
(iv) Prof. S. N. Lahiri, Expert, Head, M.F.A.
(Applied Art), College of Art, 20-22, Tilak
Marg, New Delhi
(v) Dr. Srinarayan Sinha- Chancellor's
Nominee Sri Lakshman Kumar Sinha, State
Govt. Nominee
(vi) Vice Chancellor, P.U-Chairman." (sic)"
3. Thereafter, proceeded to
allow petition on three counts namely
committee was not constituted in terms of
Section 56 of Patna University Act, 1976
(2007 Amendment), committee members are
not expert in respect of the aforementioned
six subjects. Further, selected and appointed
candidates are not entitled to exemption
insofar as passing of NET Examination (vide
para 28 of the judgment - CWJC No. 5580 of
2012).
4. Learned counsel for the
appellants submitted that learned Single
Judge has committed error in not
appreciating qualification possessed by each
of the experts and the same has not been
Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025
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placed on record by the University. It is
further submitted that appellants/applicants
who have not qualified with NET and other
equivalent qualifications, they are exempted
in 4.4.2.3. It is also part of advertisement
issued on 17.10.2011 (Annexure-5) of Writ
Petition No. 5744 of 2012 Extract of 4.4.2.3
in respect of Visual (Fine) Arts Discipline
which reads as under:-
"4.4.2.3 VISUAL (FINE) ARTS
DISCIPLINE
1. Assistant Professor:
i. Good academic record
with at least 55% marks (or an equivalent
grade in a point scale wherever grading
system is followed) at the Master's degree
level in the relevant subject or an equivalent
degree from an Indian/Foreign University.
ii. Besides fulfilling the
above qualifications, candidates must have
cleared the National Eligibility Test (NET)
for lectureres conducted by the UGC, CSIR
or similar test accredited by the UGC.
Notwithstanding anything contained in sub-
clauses (i) and (ii) to this Clause 4.4.2.3,
candidates, who, or have been awarded a
Ph.D. Degree, in accordance with the
University Grants Commission (Minimum
Standards and Procedure for Award of Ph.D.
Degree) Regulations, 2009 shall be exempted
from the requirement of the minimum
eligibility condition of NET/SLET/SET for
recruitment and appointment of Assistant
Professor or equivalent positions in
Universities/ Colleges/Institutions.
Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025
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ii. Without prejudice to the
above, NET/SLET/SET is not conducted.
OR
i. A Professional artist with
highly commendable professional
achievement in the concerned subject, who
should have:
1. First class Diploma in
Visual (Fine) arts discipline from the
recognized institution of India/Abroad;
2. Five years of experience
of holding regular regional/National
exhibitions/Workshops with evidence, and
3. Ability to explain the
logical reasoning of the subject concerned
and adequate knowledge to teach theory with
illustrations in that discipline."
5. On 18.03.2024, the
following order was passed:-
"Learned counsel for the
University is hereby directed to secure
qualification of the experts, namely, Prof.
Sunil Kumar, Prof. Madan Singh Rathore,
Prof. S.N. Lahiri and Prof. Dr. Anupa Pande.
They are experts in either of the subjects
namely Painting, Applied Arts, Sculpture,
History of Art, Photography and Graphic be
ascertained so as to examine their
participation in recruitment to the various
posts of Assistant Professor in Painting,
Applied Arts, Sculpture, History of Art,
Photography and Graphic is in compliance
to Section 56 of the Patna University Act,
1976 or not?
2. Relist this matter on
29.04.2024."
Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025 16/27
6. Respondents-University have filed supplementary affidavit along with document SA/1 Series/SA2/SA3/SA4 and SA5 insofar as personal resume of the each expert who had participated in the process of selection and appointment to the post of Assistant Professors namely Prof. (Dr.) Anupa Pandey, Dr. Madan Singh Rathore, Prof. (Dr.) Sunil Kumar and Mr.Soumendra Nath Lahiri. Perusal of personal resumes in Painting, Applied Arts, Sculpture, History of Art, Photography and Graphic. Like Mr. Soumendra Nath Lahiri is expert in Applied Arts, Prof. (Dr.) Madan Singh Rathore is expert in Fine Arts and Painting, Prof. (Dr.) Anupa Pandey is expert in History of Arts and Mr. Sunil Kumar is expert in Graphic, Photography and Sculpture. These are all evident from the aforementioned documents which were part and parcel of LPA. On the previous occasion, Mr. Gyan Prakash Ojha, learned counsel for contesting respondent no.
4 in LPA No. 1859 of 2015, sought time tocounter the aforementioned supplementary affidavit read with the documents filed on behalf of the University. In that regard, he has filed supplementary affidavit on behalf of the respondent no. 4 in LPA No. 1859 of 2015 along with Annexure-R/1 series relating to marks-sheet/degree to contend that the Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025 17/27 aforementioned experts are not fulfilling the requisite expertise in a particular subject.
7. At this stage, learned counsel for one of the appellants submitted that the aforementioned experts were selected and appointed for the selection and appointment of Assistant Professor in the light of Section 56 of the Amended Act, 2007 by the Academic Council. Therefore, there is no infirmity insofar as the appointment of the aforementioned committee members for the purpose of selection and appointment to the post of Assistant Professor.
8. Heard learned counsels for the respective parties.
9. The appellants have assailed the order of the learned Single Judge dated 29.04.2015 passed in CWJC No. 5580 of 2012 and connected matters insofar as candidates for selection and appointment to the post of Assistant Professor in different discipline. They have contended that learned Single Judge has committed error in not appreciating that academic counsel of the University have identified experts and selected them for conducting selection and appointment process to the post of Assistant Professor for various discipline, in not summoning what are the expertise of each of the committee member who had participated Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025 18/27 in the process of selection and appointment to the post of Assistant Professor. On the other hand, in para 14 he has quoted the names of the Professors, in para 15 their status has been taken note of, in other words, their expertise in which are the subject and they possessed which are the qualification and other members have not been taken note of on the score that University -Appellants failed to produce those materials. To that extent, learned Single Judge has committed error. Therefore, in the light of supplementary affidavit along with documents SA/1 Series/SA2/SA3/SA4 and SA5. Each of the committee member and resumes has been furnished in order to ascertain as to who are all experts in the relevant subject or not? Therefore, order of the learned Single Judge is liable to be set aside.
10. It is further submitted that in para 28 finding has been given to the extent that such of those who have cleared NET Examination are entitled for selection and appointment, otherwise, they are not entitled to. On this issue, learned counsel for the appellants submitted 4.4.2.3 (cited supra). Learned Single Judge has not appreciated the aforementioned provision to the extent that such of those candidates who Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025 19/27 have not passed NET Examination and equivalent examination they are entitled to be exempted insofar as passing of NET examination if they possessed requisite qualification in terms of 4.2.2.3 and University and selected and appointed candidates have not apprised that appointed candidates have alternative qualification so as to seek exemption.
11. Learned counsel for the University reiterated the aforementioned contentions and submitted that order of learned Single Judge is liable to be set aside while supporting the selection and appointment pursuant to the advertisement are in order. On the other hand, Gyan Prakash Ojha, learned counsel for the respondents appeared only in respect of respondent no. 4 in CWJC No. 1859 of 2012, CWJC No. 1509 of 2012 and CWJC No. 1784 of 2012 and other respondents were not represented. It is to be noted that the present Letters Patent Appeal is pending consideration for the last about nine years and the matter is being taken up for final disposal. In fact, the matter is heard from time to time for one or the other reason the matter is being adjourned for the last about five months by this Bench. Mr. Gyan Prakash Ojha, learned counsel appearing for Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025 20/27 contesting respondents submitted that document furnished by the University along with SA/1 Series/SA2/SA3/SA4 and SA5 are not sufficient to draw inference that they are experts in respective discipline. To that effect, he has filed supplementary affidavit on behalf of the fourth respondent in CWJC No. 1859 of 2012, CWJC No. 1509 of 2012 and CWJC No. 1784 of 2012 along with Annexure-R1 series. He has pointed out some degree of post graduation certificates issued in a particular subject. Therefore, the experts do not have similar certificate. For example Annexure-R/1 Master of Fine Arts is the title of the degree whereas the subject is Applied Art. Similarly, Benaras Hindu University has issued a Master Fine Arts Certificate to one Sri Amrendra Kumar, title is Master of Fine Arts (it has been shown as plastic cards). Similarly, document no. 3 is relating to title as a Master of Fine Arts subject has been shown as the Graphic Arts. Therefore, the experts do not possess requisite expertise in a particular subject and their participation is not in accordance with Section 56 of the Patna University (Amendment) Act, 1956. It was also submitted that some of the selected and appointed candidates do not possess the requisite qualification of NET in support of the aforementioned contention. He relied on Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025 21/27 para 28 of the learned Single Judge order dated 29.04.2015 passed in CWJC No. 5580 of 2012 and connected matters.
12. Heard learned counsels for the respective parties.
13. Core issue involved in the present lis is whether appointment of experts (cited supra) by the Academic Council of the University is in order or not? Further, whether appellants/candidates selected had passed NET examination or in the alternative they are eligible for exemption on account of having alternative qualification or not? Further each of the selected candidate fulfills the prescribed qualifications for the subject post or not?
14. The learned Single Judge had no occasion to examine expertise of the members in the subjects like Painting, Applied Arts, Sculpture, History of Art, Photography and Graphic since University failed to produce. We have already noticed from supplementary affidavit filed by the University along with Annexure- SA/1 Series/SA2/SA3/SA4 and SA5. Perusal of each of the committee members resume, we have to draw inference that all the four experts committee members namely Mr. Sunil Kumar is expertise in a number of discipline namely Painting, Graphic, Applied Arts, Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025 22/27 Sculpture. Similarly, Soumendra Nath Lahiri is expert in Applied Arts, Dr. Madan Singh Rathore is expert in Fine Arts with Painting. Similarly, Professor (Dr.) Anupa Pandey is expert in History of Art. Mr. Sunil Kumar has multiple expertise including Graphic. These material information has not been placed on record by the University and so also learned Single Judge should have insisted the University to furnish the aforementioned material information so as to ascertain whether each of the committee members are expertise in any of the discipline for the post of Assistant Professor or not? To that extent, learned Single Judge has committed error in not appreciating summoning of records relating to expertise of each of the committee member.
15. Mr. Gyan Prakash Ojha, learned counsel for fourth respondent submitted that some of the appellants/applicants do not possess NET Examination. On this issue, learned counsel for the appellants have already pointed out from the advertisement read with UGC Regulation dated 28.06.2010, in particularly, 4.2.2.3 visual (Fine) Arts discipline is relevant which has been cited (supra) to the extent that selected candidates are qualified and some of them have alternative Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025 23/27 qualification and it has been apprised in the CWJC and it has not been apprised. On this count, the learned Single Judge has committed error in reasoning in para 28.
16. In view of these facts and circumstances, the appellants have made out a prima facie case so as to interfere with the learned Single Judge order dated 29.04.2015 passed in CWJC No. 5580 of 2012 and connected matters. Accordingly, it is set aside while affirming the selection and appointment of the appellants. Resultantly, CWJC No. 5580 of 2012 and connected matters are dismissed. In the result, all the present Letters Patent Appeals are allowed.
2. On 09.09.2024 we have passed the following order:-
On 06.09.2024, the above matters were heard and LPAs were allowed. While perusing the draft judgment, we have noticed from the LPA of the University there were no specific pleadings in respect of three issues which have been taken note of by the learned Single Judge as to how those three issues are incorrect with reference to material information.
2. In fact, learned Single Judge in one of the paragraph has Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025 24/27 specifically stated that University as well as selected and appointed candidates have not apprise each of the selected and appointed candidates qualification read with the prescribed qualification, if any of the selected and appointed candidates is entitled to exemption insofar as passing of NET and equivalent examination who are all with reference to their qualification are not forthcoming. Therefore, University -
appellants are hereby directed to prepare a chart of those selected and appointed candidates like name, post and qualification. If the certain qualifications like NET and equivalent qualification are not possess by any of the candidate in that event how he is entitled for exemption to that effect what are the alternative qualification he/she is possessing. These are the materials which were required by the committee members while recommending the names of the appellants - selected and appointed candidates and they have been placed on record.
3. In this regard, University has to furnish documents stated to be recommended names of the committee members by academic council of the University to that effect which is the relevant document. Further, how their qualifications Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025 25/27 have been adjudged for suitability of each of the committee members and who fulfill the requisite qualification in the light of Section 56(i) which was amended in the year 2007 and which has been extracted in Para 13 of the learned Single Judge order. The amended Section 56(i) read with Selection Committee consisting of 1 to 5 and appointment of such committee notification shall be placed on record so as to ascertain amended Section 56(i) read with (1) to (5), 56(ii) and 56(iii) has been complied or not be made known on the next date of hearing.
4. Similarly, appellants who are selected and appointed candidates they must prepare a chart relating to the qualification possess by each of the candidates read with the prescribed qualification and further if any of the candidates is exempted from passing of particular examination in the light of UGC regulation be furnished in the form of chart. The aforementioned material shall be furnished to learned counsel for the contesting respondents before the next date of hearing.
5. Accordingly, our earlier order dated 06.09.2024 stands recalled.
6. Relist this matter on 18.09.2024.
Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025 26/27
3. Free flow of information from the Universities and litigants, in a writ proceeding before the court, is an important step towards University transparency and openness, which are celebrated values of our Constitution, the scope of judicial review is limited, but records could be summoned and verified. Accordingly, we have summoned records and verified the process of selection. The Committee appointed by the University/ competent authority thoroughly scrutinized the qualification, experience and published works of each of the expert and in turn expert committee verified each of the selected candidates eligibility. The University also clearly stated that the appointments of the Appellants were made in consonance with the terms of the provisions of the Act/ Regulations. It is undisputed, for the selection to the post of Lecturer, an expert committee was constituted and thereafter, its recommendations were accepted by the University and orders were issued accordingly.
4. Thereafter, learned counsel for the University took time to furnish documents in support of our query dated 09.09.2024. He has also furnished original records in a sealed cover and copy of the same has been made available along with the supplementary. Taking note of these new material Patna High Court L.P.A No.1503 of 2015 dt.25-07-2025 27/27 information, the appellants-University have made out a case so as to interfere with the order of the learned Single Judge.
Accordingly, it is set aside. All the present Letters Patent Appeals are allowed.
5. Pending I.A.'s, if any, stands disposed of.
(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) Shahzad/-
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