In Dr. Shujaat Ali Khan vs. The State of Bihar (2024), Justice Nani Tangia of Patna High Court has directed "the respondents to take steps for appointment of a regular Principal of Mirza Ghalib College, Gaya in accordance with law immediately, which shall be concluded within two months from today." The order was passed on September 20, 2024.
Besides the State of Bihar through Additional Chief
Secretary, Department of Education, Bihar, there are six respondents
including the Additional Chief Secretary, Department of Education,
Bihar, the Director, Higher Education, Bihar, the Magadh University,
Bodh Gaya through its Registrar, the Vice-Chancellor, Magadh University,
Bodh Gaya, the Registrar, Magadh University, Bodh Gaya, and the Secretary of the Governing Body, Mirza Ghalib College, Gaya in the case.
Justice Tangia concluded: "In the event, the respondent authorities fail to appoint a regular Principal of Mirza Ghalib College, Gaya within the period stipulated hereinabove, the petitioner, who was appointed as a Professor-in-charge on 05.03.2023 to act as Administrative-in-charge of the college, shall stand revived." This order is in favour of Dr. Shujaat Ali Khan, the petitioner.
The Court's order dated September 12, 2024 has recorded that in the absence of appointment of a Principal of a college, the practice adopted was to appoint a Professor-in-charge to act as an administrative head of the college. But the counsel appearing on behalf of the parties were not able to point out any law/rule/regulation/guideline for either appointment of a Principal of a college or appointment of a Professor-in-charge of the college. The counsels promised to apprise the Court under which law/rule/regulation/guideline, the Principal of Mirza Galib College, Gaya can be appointed. The petitioner had contended that neither the Vice-Chancellor nor the Registrar of the Magadh University has the jurisdiction to remove the him from the post of Professor-in-charge.
The petitioner had challenged the letter written to the Secretary, Mirza Ghalib College, Gaya by the Registrar, Magadh University, Bodhgaya, whereby the Secretary, Mirza Ghalib College, Gaya was directed to restrain the petitioner from working as Professor-in-charge with immediate effect till the outcome of an inquiry report. Prior to this letter the petitioner was working as Professor-in-charge, Mirza Ghalib College, Gaya and was functioning as an administrative head of the college in the absence of the Principal of the college. The High Court was informed that the Mirza Ghalib College, Gaya has been without a regular Principal since 2017. The college is affiliated to Magadh University, Gaya. It is governed by the Bihar State Universities Act, 1976, various statutes made under it as well as the guidelines issued by the University Grants Commission (UGC). The college is stated to be a registered society under the Societies Registration Act, 1860 and functioning within the bylaws framed by the Society.
Subsequently, the Court noted that under Section 2(v) Bihar State Universities Act, 1976, the term ‘teacher’ has been defined to include Principal of a college. Section 57(A)(5) of the Act, inter alia, provides that appointment of a teacher in the minority colleges shall be made by the governing body of those colleges with the approval of the Selection Committee constituted by the University. Section 57(B) of the Act provides for constitution of Selection Committee comprising of the members mentioned therein. Notably, Clause 2 of Statute 7, which has been approved by the Chancellor, vide letter No. 1223 G.S.(1) dated 24.04.1978, provides for the pay scale of the Principal of a college as well as the minimum qualification required for appointment of the Principal of a college. The Act and the statutes provides for a mode and manner of appointment of the Principal of a College.
The Court observed that "When there is a law in place for appointment of a Principal of the college as an administrative head, the college cannot be allowed to function through Professor-in-charge to act as an administrative head of the college for such a long period of time, which, in the instant case, is stated to be continuing since 2017." The case was filed on February 6, 2024 and registered on February 17, 2024.
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