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Showing contexts for: selection process completed in Dr. Satish Singh Chandra & Ors vs The State Of Bihar & Ors on 21 December, 2017Matching Fragments
The University shall complete the process of selection within a period of four months. Till then, the petitioners shall be allowed to continue in their present position. However, it is made clear that this order would not create any equity in favour of the petitioners."
6. During the intervening period some developments took place leading to quashing of the appointment of Dr. Arvind Kumar, the then Vice-Chancellor of Magadh University in CWJC No.8141 of 2010. The Letters Patent Appeal bearing No.824/11 preferred by Dr. Arvind Kumar was admitted for hearing, but no stay Patna High Court LPA No.1461 of 2014 dt. 21-12-2017 was granted. He preferred Special Leave Petition (Civil) No.15785/11, but the Hon'ble Supreme Court did not interfere with the order passed by this Court and only directed this Court to hear the case on its own merit and decide the same in accordance with law. Thereafter a notification dated 22.6.2011 (Annexure-8 to the writ application) was issued by the order of the then Hon'ble Chancellor of the Universities of Bihar. Vide this notification the then Hon'ble Governor who was also the Chancellor was pleased to appoint Dr. Arun Kumar (respondent no.7) who was at the relevant time working as Acting Vice-Chancellor in B.N. Mandal University, Madhepura to assume and hold charge temporarily of the office of Vice-Chancellor, Magadh University, Bodh-Gaya and perform all its duties in addition to his own existing duties with immediate effect until 12th August, 2011 or the date of disposal of the Letters Patent Appeal whichever is earlier.
12. The aforementioned facts as regards the developments taking place even before finalization of the merit list have been taken note of briefly hereinabove only to notice that as the Magadh University was unable to comply with the order of the Hon'ble Supreme Court to complete the selection process within time frame of six weeks from the date of receipt of the copy of the order dated 07.09.2011, one Bimal Prasad Sinha filed a contempt petition Patna High Court LPA No.1461 of 2014 dt. 21-12-2017 (C) No.87-89 of 2012 in the Hon'ble Supreme Court. When the said contempt petition was taken up for hearing on 02.03.2012, the Hon'ble Supreme Court passed the following order:-
14. On completion of the fresh selection process and issuance of notifications as contained in Annexure-13 and 14 to the writ application the persons aggrieved therefrom filed a writ application. It appears that as many as four writ applications came to be considered and heard as analogous matters. Lead case being CWJC No.9167 of 2012 (Dr.Arun Kumar Sinha & Ors. Vs. the State of Bihar & Ors.). Before the learned Single Judge as many as six issues were raised on behalf of the petitioners which were contested by the University and private respondents in the writ who have been benefited by the notification impugned in the writ application. The writ application has been allowed by setting aside the impugned notifications. The private respondents in writ are, hence in appeal Patna High Court LPA No.1461 of 2014 dt. 21-12-2017 before us. While the appellants have assailed the impugned judgment, the private respondents who were the writ petitioners have defended the findings and decision of the learned Single Judge therein. I would thus examine the impugned judgment vis-à-vis the submissions of the appellants in the present batch of appeals.
35. It has further come in the pleadings and have been taken note of by the learned Single Judge that the Registrar, Magadh University wrote another letter dated 23.01.2012 (Annexure-20 series) to all the members of the Selection Committee and requested them to submit final merit list prepared by them within three days from the date of issuance of the letter, failing which the erring person would be liable to be prosecuted for contempt of court. On a reading of the letter dated 23.01.2012 (Annexure-20 series to the writ application) it would be evident that Registrar, Magadh University admits in his letter making a general statement that despite repeated requests through various means the learned members of the Selection Committee had yet not submitted the merit list prepared by them after conducting interview for the reason best known to them. It is stated in the letter that due to non-submission of the same, the Registrar, Magadh University is not able to comply the order dated 09.07.2011 and undertaking dated 21.11.2011 before the Hon'ble Supreme Court. Patna High Court LPA No.1461 of 2014 dt. 21-12-2017 In one of the letters addressed to Dr. Shiv Jatan Thakur it is admitted by the Registrar that he had raised certain objections and had withdrawn his signature put on the merit list but still he was asked to submit the merit list prepared by him in order to enable the University to comply with the order of the Hon'ble Supreme Court without prejudice to the rights and contentions to take any recourse to the allegations made by him. He was also threatened that non-submission of the merit list for completion of the selection process of the Principals would amount to defiance the order dated 09.07.2011 and the order dated 21.11.2011 of the Hon'ble Supreme Court which would amount to contempt of court.