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5. Against the order passed in the aforesaid Letters Patent Appeal, 18 Principals who were parties to the Letters Patent Appeal moved to Hon‟ble Supreme Court vide S.L.P. NO.11529-11531 of 2011. The Hon‟ble Supreme Court vide order dated 6.5.2011 (Annexure-4) dismissed the S.L.P. but with certain directions that the University shall make fresh selection from amongst those who had applied pursuant to the advertisement issued on 25.10.2008 (Annexure-1) strictly in accordance with the relevant statutes, rules and regulations and without being influenced by the directions given by the learned Single Judge in the last portion of the order passed by him. Further it has been directed that the University shall complete the process of selection within a period of four months. Till then, the person so selected would continue in their respective position. However, it is made clear that the order would not create any equity in favour of the petitioners.

18. The Registrar, Magadh University, Bodh Gaya vide its letter dated 23.1.2012 (Annexure-20) addressed to the Members of Selection Committee regarding submission of merit list prepared for approval of the Syndicate Magadh University in compliance of order dated 9.7.2011 by Hon‟ble Supreme Court passed in S.L.P. No. 11529-11531 of 2011. In the said letter it has been mentioned that the Hon‟ble Supreme court in its order dated 9.7.2011 was pleased to direct the Magadh University to complete the process of selection of Principals of the constituent Colleges within six weeks. It has been mentioned that despite repeated request through various means learned Members of the Selection Committee has not yet submitted the merit list prepared by them after conducting the interview for the reason best known to them due to which the Registrar, Magadh University was not in a position to comply the order dated 9.7.2011 and undertaking given by the University dated 21.11.2011 before Honble Supreme Court. The said letter shows that the University took cognizance of letter dated 9.1.2012 (Annexure-18) of Dr. Shiv Jatan Thakur, Governor nominee raising certain objection and had withdrawn the signature put on the merit list prepared by him. However, it was requested to Dr. Thakur to submit his merit list prepared by him to enable the University to comply the order of the Hon‟ble Supreme Court without prejudice to his right of withdrawal of his signature and contention and he would be free to take any course with regard to allegation made by him

judicial review before this Court in Public Interest Litigation which was filed by one Pramod Kumar Sharma a practicing Advocate of this Court vide C.W.J.C. No.12535 of 2011 (Annexure-9), the ground of challenge was Shri Arun Kumar, Acting Vice-Chancellor has no jurisdiction and authority to preside over the Selection Committee. Claim has been made that Dr. Arun Kumar is persona non grata and this Court vide order dated 3.8.2011 stayed the interview was being conducted under the order and Chairmanship of Dr. Arun Kumar, Acting Vice-Chancellor of Magadh University for selection of the Principals of 22 Colleges of Magadh University which was scheduled to commence from 3.8.2011 at 9 A.M. till further orders of this Court. Against the order of stay one Praveen Kumar filed S.L.P. No.14775 of 2011 (Praveen Kumar Vs. Pramod Kumar Sharma and others) the Hon‟ble Supreme Court had an occasion to examine the constitution of Selection Committee and after going through the record passed the order that the Court was satisfied that Division Bench of the High Court committed serious error in entertaining a writ petition filed by way of Public Interest Litigation questioning the process of selection for appointment of the Principals of 22 constituent Colleges of Magadh University and the Court further directed that the process of selection which was initiated pursuant to the direction given by this Court in S.L.P. No. 11529-11531 of 2011 (Om Prakash Singh & others Vs. Bimal Prasad Singh and others) would continue, selection process must be completed within a period of six weeks from the date of receipt of a copy of this order. Before Hon‟ble Supreme Court, one of the subject matter was conducting the interview by the Selection Committee headed by Dr. Arun Kumar, Acting Vice-Chancellor and the Hon‟ble Supreme Court after application of mind allowed the interview to continue by the Selection Committee. In this back ground the petitioners cannot be allowed to raise the issue of wrong constitution of Selection Committee. The order of Hon‟ble Supreme Court finally settled and sealed the issue of constitution of selection Committee which will be deemed to have been approved and in view of approval by the Hon‟ble Supreme Court this Court should not entertain and examine the correctness of the constitution of the Selection Committee. The lawyer of the University has submitted that after the direction of the Hon‟ble Supreme Court the interview was conducted on and from 11.10.2011 till 16.10.2011, on each day. He has further relied on Annexure S/8 of the University supplementary counter affidavit, shows the reason for the appointment of Srikant Sharma as one of the expert of Selection Committee.
The aforesaid noted sheet shows why the Registrar had given proposal for the appointment of Srikant Sharma as one of the expert which was accepted by the Vice-Chancellor, the reason has been shown, Dr. S.N. Singh, is the senior most Principal but charges from Raj Bhawan were pending against him. Prof. Asha Singh has taken leave to go outside. Dr. Haridwar Singh had shown his inability to participate in the Selection Committee meeting due to his pre-occupied engagement in NAAC team and next senior Principal was Dr. Shri Kant Sharma who gave his consent for being expert member of the Selection Committee. The contention of the petitioners that the senior most Principal were over looked and Shri Kant Sharma was purposely appointed is not correct requires out right rejection. After that vide Annexure S/6 final notification dated 19.7.2011 was published for constitution of Selection Committee which was challenged in Public Interest Litigation as has been explained, the Hon‟ble Supreme Court has directed to proceed with the interview. He has relied on proceeding/minutes of Selection Committee (Annexure-S/9 series) with respect to appointment of the Principal. He has further submitted that first interview was conducted on 11.10.2011 on that date Dr. Shiv Jatan Thakur, Chancellor nominee and Raj Mukul, Government nominee and all others were present. All the members of Selection Committee were present on 11.10.2001 to 14.10.2011, on 15.10.201 Dr. Thakur was absent but rest experts were present. On 16.10.2011 Dr. Thakur and Dr. Raj Mukul were absent and rests were present. It has further been submitted whole proceeding of interview was video graphed eliminate the possibility of wrong doing. Magadh University very scrupulously followed the order of the Hon‟ble Supreme Court, process of selection was completed, only formality was left to publish the result of selected candidates. As the experts were not co-operating, the University was feeling helpless, at the same time the selection was to be completed within the prescribed period as was directed by Hon‟ble Supreme Court.