Dr.Smt.Savitri Kumari Singh vs The State Of Bihar & Ors on 2 August, 2016
15. The writ petitioner, Dr. Pramod Kumar Singh, has
opposed the contention of the appellant. It is submitted on his
behalf that the post of Principal is an independent solitary post
and each college is a distinct and separate unit and, as such,
the post of Principal cannot be clubbed together and subjected
to reservation; more so, when the colleges have different
faculties; some colleges are single subject college and some
are multi-faculty colleges and, as such, the posts of Principal
are not interchangeable. The Principal is the head of a college
and also a teacher as per Section 2(v) of the Bihar State
Universities Act, 1976, and is required to take classes like
other teachers and gets teaching allowance. Hence, a teacher,
Patna High Court LPA No.226 of 2009 dt.02-08-2016
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having qualification of being appointed as a science teacher,
can neither be transferred nor appointed as Principal in an Arts
College. Similarly, a teacher of Arts subject cannot be
appointed and transferred to a college if his own subject is not
taught in that college. It is further submitted that the post of
Principal is a post of integrity, dignity, greater responsibility
and excellence, on which the future of every college depends.
Hence, no reservation is permissible on this ground also in the
light of law laid down in the cases of Ratneshwar Prasad
Singh vs. The State of Bihar, reported in 1996(1) PLJR
351; Javed Rasool Bhatt & Ors vs State of Jammu and
Kashmir, reported in (1984) 2 SCC 645.