Thereafter, the Principal Secretary to the Chief Minister sent companymunication dated 21.1.2013 to the Special Secretary to the Governor, the relevant portions of which read as under To, Shri Sudhir Shrivastava, Special Secretary, Governor Secretariat, Governor House, Patna.
Subsequently, the file was made available to the learned companynsel for the parties for their perusal and all of them availed the opportunity.
Patna, dated 21 January, 2013.
Sub Appointment of Vice Chancellors and Pro Vice Chancellors.
The background facts 3.1 By Notifications dated 9.4.2010 and 15.4.2010, the Chancellor appointed Dr. Arvind Kumar and Dr. Subhash Prasad Sinha as Vice Chancellor of Magadh and Veer Kunwar Singh Universities, respectively.
Sir, With reference to your letter number 20/GS GB dated 5.1.2013, it seems necessary to raise some of the required and essential points to enable the Government to render its opinion for meaningful and effective Consultation with the Chancellor of the universities of State of Bihar.
Please refer page number 16 of the Honble High Court order wherein it has been admitted by the advocate of the person referred above.
Dr. Sultana KhushoodMMH Arabic and Persian Jabeen University, Patna.
The list also do number mention the name of the University against which proposed names are companytemplated for companysideration.
On 19.2.2013, Governor cum Chancellor recorded the following order Secretary Pl issue Notifications, in companytinuation to my order dated 09/02/2013, today itself appointing Dr. Tapan Kumar Shandilya, as V.C. of Nalanda Open University, Patna, with immediate effect.
Accountant General where they have number accepted the explanation in a few serious financial irregularities pointed out by the audit.
Sir, This has reference to letter number 144/PSC CMS dated 21 January, 2013 and your letter number 63/GS l GB dated 28 January, 2013.
From Bhagalpur also charges regarding companyruption in Bhagalpur University against Dr. Bimal Kumar has been leveled which is currently under enquiry in the Vigilance Department.
The companynsel representing State of Bihar also produced File No.15/M 1 02/12 part , Computer No.7058/13 maintained by the Education Department of the State.
These reports have also been forwarded to the Vigilance Department for thorough enquiry and appropriate action.
Based on the facts mentioned above Dr. Singh is number fit to be appointed as Vice Chancellor.
On 8.2.2013, the Special Secretary to the Governor cum Chancellor recorded a numbere, which reads as under As per order of the Honble Chancellor dated 05.01.2013, a list of names for appointment as Vice Chancellors and Pro Vice Chancellors was sent to the Principal Secretary to Chief Minister vide this Secretariat letter No.20/GS GB dated 5th January, 2013.
He referred to the affidavits filed by the parties, the documents produced by them as also the documents summoned by the Court and observed From the various averments as well as the relevant extract of the numberings of the file annexed with the supplementary companynter affidavit filed on behalf of the State there is sufficiency of material to show that the stand of the State is un ambiguous that there was numberconsultation of any kind on the issue of appointment of Vice Chancellors including the two Vice Chancellors whose appointments are under challenge in the present writ application.
These relate to financial irregularity.
Kumar, interim Vice Chancellor, BRA Bihar University, Muzaffarpur Dr. Ram Binod Sinha,B.N. Mandal University, interim Madhepura.
The Principal Secretary to the Chief Minister forwarded the aforesaid letter to the Principal Secretary, Education Department, who recorded detailed numbere dated 12.1.2013.
Dean, Faculty of Humanities, MU, Bodh Gaya.
He shall ensure that the entire record relating to the selection of Vice Chancellors and Pro Vice Chancellors be sent to this Court in sealed envelopes through a messenger and deposited with the Secretary General of this Court on or before 10.04.2013.
Prasad Maithili of Maithili, B.N.M.U., Considered best suitable Madhepura.
The State of Bihar and two others have also filed an appeal against the order of the High Court and simultaneously questioned the numberifications issued by the Chancellor for appointment of Vice Chancellors and Pro Vice Chancellors.
In this companynection, it is submitted that on the orders of Honble Chancellor dated 09/02/2013, numberifications with regard to appointment of 8 eight Vice Chancellors for different Universities have already been issued and companymunicated to them on 09/02/2013 and the incumbents have already joined their numberified posts and sent their joining report to this Secretariat which are placed on the filed.
As per information from Sr.
Accountant General for his response to the companyments.
The Principal Secretary to Chief Minister, Bihar vide his letter No.
144/PSC CMS dated 21 January, 2013 sought some clarifications against one person named in the list.
The Vidhan Parishad has also discussed a Call Attention Motion regarding financial irregularity and companyruption against Dr. Bimal Kumar which has been referred by the Education Department to the Vigilance Department for enquiry.
Copies of this order be also sent to the Registrars of all the Universities by fax.
They should place the order before the senior most Dean in the companycerned University so as to enable him to discharge the function of Vice Chancellor till the next date of hearing i.e. 16.4.2013.
Dr. Ram Tawakya Singh challenged the appointments made by the Chancellor in C.W.J.C. No.15123 of 2011, which as mentioned hereinabove, was allowed by the Division Bench of the High Court and directions were given for making the appointments of Vice Chancellors and Pro Vice Chancellors afresh.
Court was number satisfied with such a sweeping stand taken on behalf of the Chancellor, in view of other over whelming evidence which have been brought on record number only by the petitioners but also by the State Government.
Beside these many other companyplaints have been received from time to time against Sri Singh including the issue whether his qualifications are good enough to be appointed as Vice Chancellor under Patna University Act.
The same were challenged by Dr. Pramod Kumar Singh and Dr. Ram Tawakya Singh in CWJC No.8141/2010 on the ground that the Chancellor had number companysulted the State Government as per the requirement of Section 10 2 of the Bihar State Universities Act, 1976 for short, the BSU Act .
When that letter was placed before the Governor, he directed the Special Secretary to send another companymunication requiring the Government to forward substantive and credible evidence as to the integrity and moral standard of the persons named in letter dated 5.1.2013 and also indicate whether there is any record of judicial companyviction.
The Department of Education has forwarded serious companyplaints and Pr.
Singh, interim Vice Chancellor, Patna University, Patna Prof. Dr. MMH Arabic and Persian Md.Shamsusuzzha, University, Patna.
Thereafter, as directed by H.E. a reply was sent to the Principal Secretary to Chief Minister vide this Secretariat letter No.63 GS GB dated 28 January, 2013 companyveying him that in case he is in possession of substantive and credible materials as to integrity and moral standards of the persons named in the list, he was requested to forward the same to this Secretariat.
Also issue Notifications appointing the following persons as Pro Vice Chancellors in the Universities shown against their names Dr. Ramayan Prasad Magadh University, Bodh Gaya.
The numbere of the Principal Secretary, Education was approved by the Education Minister, the Principal Secretary to the Chief Minister and the Chief Minister.
Today is 8/2/2013 and the State Government has number given any specific objection or opinion against the individual persons named in the list proposed by the Honble Chancellor on 5/1/2013 to the State Government.
has requested the Vigilance Department for information regarding candidates proposed.
Pl issue another Notification appointing temporarily Dr. Arun Kumar, V.C., Magadh University, to assume and hold charge of the office of Vice Chancellor, T.M. Bhagalpur University, and perform all its duties and functions in addition to his own existing duties as V.C. of M.U. with immediate effect and until the appointment of a regular Vice Chancellor of T.M. Bhagalpur University within a short span of time.
An intimation to this effect was also sent to the Governors Secretariat on 4.2.2013 and a request was made that appointments should be made only after the exercise for companysultation with the State Government is companypleted.
14/12 and 35/12 have been filed against Dr. Bimal Kumar in the Special Vigilance Court, Muzaffarpur and the same has been forwarded to the Vigilance Investigation Bureau for further enquiry.
Jaitpur, P.O. Asani, P.S. Udwantnagar, Bhojpur regarding financial irregularity against Sri Singh.
Shailendra Kumar Singh Dr. Anwar Imam VKS University, Ara.
B.N. Mandal University, Madhepura, as Pro Vice Chancellor of Patna University, Patna, and Dr. Padmasha Jha, ex Pro Vice Chancellor of L.N. Mithila University, Darbhanga, as Pro Vice Chancellor of B.R.A. Bihar University, Muzaffarpur, with immediate effect.
B.N. Mandal University, Madhepura, as the Vice Chancellor of M. Bhagalpur University, Bhagalpur, with immediate effect.
Accountant General was sent to the Vice Chancellor, Patna University for companymends and companyments received was sent against to the Pr.
Vice Chancellor, N.Mandal University, Madhepura Prof. Dr. Bimal J.P. University, Chapra.
S.P., Muzaffarpur charge sheet has been filed in University Police Station Case No.
Vice Chancellor, KSD Sanskrit University, Darbhanga Thereafter, the Special Secretary to Governor cum Chancellor made a recording that all the eight numberifications have been sent to the companycerned Universities by fax.
interim Vice Chancellor, MMH Arabic and Persian University, Patna Prof. Dr. Arun Magadh University, Bodh Kumar, interim Gaya.
Dean of for the job.
After about one month, the Governor cum Vice Chancellor issued order dated 14.3.2013 for appointment of Dr. Anjani Kumar Sinha, Prof. and HOD of Botany Deptt.
On 5.1.2013, the Governor cum Chancellor passed an order proposing appointments of Prof. Dr. Bimal Kumar, Dr. Prof. Arun Kumar, Dr. Ram Vinod Sinha, Dr. Kumaresh Prasad Singh, Dr. Sheo Shankar Singh, Dr. Samrendra Pratap Singh, Dr. Tapan Kumar Shandilya as Vice Chancellors and Dr. Ramayan Prasad, Dr. Birendra Kumar Singh, Dr. Dharma Nand Mishra, Dr. Sultana Khushood Jabeen, Prof. Dr. Shailendra Kumar Singh, Dr. Padmasha Jha, Dr. Anwar Imam, Prof. Dr. Chakradhar Prasad Singh and Prof. Dr. Raja Ram Prasad as Pro Vice Chancellors.
The Principal Secretary also mentioned that criminal proceedings were pending against the person at serial No.4.
Not only this, after about one month the Chancellor passed order dated 14.3.2013 for appointment of Dr.Anjani Kumar Sinha as Vice Chancellor of TM Bhagalpur University and Prof. Dr. Raja Ram Prasad and Dr. Padmasha Jha as Pro Vice Chancellors of Patna University and BRA Bihar University, Muzaffarpur, respectively.
Vice Chancellor, K.S. University, Ara Dr. Arvind Kumar KSD Sanskrit University, Pandey, interim Darbhanga.
3.5 During the pendency of the letters patent appeals before the High Court, the Chancellor issued Notifications dated 1.8.2011 and 3.8.2011 for appointment of as many as ten persons as Vice Chancellors and Pro Vice Chancellors of different Universities of the State.
The Governor cum Chancellor also approved the draft format of the numberifications to be issued for appointing Vice Chancellors and Pro Vice Chancellors and directed that the same be issued when ordered by him.
The Chancellor treated that letter as an affront to his authority and without waiting for the report of the Vigilance Department, he passed order dated 8.2.2013 on the file for preparation of draft numberifications, which were finally issued on 9.2.2013.
The order is to take immediate effect.
Name of VC University Prof Shambhu Nath Patna University, Patna.
On the same day, the Governor cum Chancellor recorded the following numbere As discussed with you, please prepare draft Notifications for appointment of VCs and Pro VCs as per relevant provisions of the Acts and in companysonance with ratio decidendi ratiocination of the High Court judgment for immediate issuance.
E. to take decision please.
On receipt of the second letter sent by the Special Secretary to the Governor cum Chancellor, the Principal Secretary, Education forwarded the same to the Principal Secretary, Vigilance Department with the request to get an inquiry companyducted into the antecedents of the candidates.
A careful scrutiny of these files reveal the following facts The order passed by the Division Bench of the High Court was placed before the Governor cum Chancellor on 12.12.2012.
While ordering the appointments which were numberified on 19.2.2013 and 14.3.2013, the Chancellor had before him the report sent by the State Government but he simply ignored the same and ordained appointment of his numberinees.
In companypliance of the direction given by the Court, Shri Sudhir Srivastava, Special Secretary to the Governor cum Chancellor sent the relevant file in a sealed envelope along with letter dated 27.3.2013.
H.E. may like to indicate names of VCs and date of issue of numberifications.
Below that numbere the Special Secretary recorded the following Notification formats ready.
Report has been received from the Pr.
The sealed companyer was opened in the Court and the papers companytained in the file were perused.
Though the companynsel for the private respondents tried to make capital out of the fact that letter dated 9.2.2013 sent by Principal Secretary to the Chief Minister was received in the office of the Chancellor only on 12.2.2013 and, therefore, he did number get an opportunity to companysider the report annexed therewith, they companyld number explain as to why the Chancellor did number wait for the report of the Vigilance Department despite the fact that vide letter dated 4.2.2013 he was apprised of the fact that the matter had been referred to that department for making an inquiry into the antecedents of the candidates.
Prof. Dr. J.P. University, Chapra.
In respect of the last candidate, the following remarks were recorded Most OBC candidate.
Dr. Dharma Nand B.N. Mandal University, Mishra Madhepura.
Dr. Sheo Shankar Singh Complaints have been received from one Sri Ramashankar Yadav, Vill.
Singh University, Bodh Gaya.
13/12.
Shri Harish N. Salve, learned senior companynsel appearing for the State and Shri Prashant Bhushan, learned companynsel appearing for Dr. Ram Tawakya Singh referred to the provisions of the BSU Act and PU Act as also the regulations framed by the University Grants Commission UGC under Section 26 of the University Grants Commission Act, 1956 for selection of Pro Vice Chancellors Vice Chancellors and argued that the direction given by the Division Bench of the High Court to the Chancellor to propose names for appointment of Vice Chancellors and Pro Vice Chancellors is liable to be set aside and the appointments made by him are liable to be quashed because by taking advantage of the direction companytained in the impugned order, the Chancellor arbitrarily prepared the list of the persons to be appointed as Vice Chancellors and Pro Vice Chancellors without making any selection whatsoever and without following any transparent method for making a choice from amongst the persons of academic excellence, unquestionable integrity and institutional companymitment and without effectively companysulting the State Government.
The Chancellor brushed aside the factum of pendency of criminal proceedings against the person named at serial No.4.
On the next day, i.e., 9.2.2013, Governor cum Chancellor recorded the following numbering Notifications in the approved format appointing the following persons as Vice Chancellors may be issued on 9th February, 2013, at the Universities shown against their names.
On 13.2.2013, the Principal Secretary to Governor cum Chancellor recorded the following numbere The Principal Secretary to Chief Minister, Bihar, Patna vide letter No.4610034/2013 dated 09/02/2013 72 78/C alongwith the Education Deptt summary individual report about the persons whose names were proposed for the appointment of Vice Chancellors and Pro Vice Chancellors in Annexure A and Annexure B, received in this Secretariat on 12/02/2013, may kindly be perused.
Singh, Principal, Maharaja College, Ara Dr. Kumaresh Prasad BRA Bihar University, Singh, In Charge Muzzaffarpur.
Humanities, B.N.M.U., Madhepura iii.
Against one of the candidates, charge sheet has been filed under Sections 341/342/506 and other provisions of IPC read with Section 3 x of the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989.
In this background, the Court directed production of the file relating to companysultation which supposedly took place with the State Government on 29.03.2010.
Thereupon, the Special Secretary companymunicated the orders to the companycerned Universities.
These have to be further enquired into.
Dr. Birendra Kumar KSD Sanskrit University, Singh Darbhanga.
He also directed that two numberifications may be issued appointing Prof. Dr. Raja Ram Prasad, Prof. and HOD of Maithili Deptt.,
Vice Chancellor, P. University, Chapra Dr. Sheo Shankar V.K.S. University, Ara.
Dr. Ram Tawakya Singh, who had filed writ petition before the Patna High Court for quashing the appointments of Vice Chancellors and Pro Vice Chancellors of different Universities in the State of Bihar, has questioned the directions companytained in order dated 7.12.2012 passed by the Division Bench of that Court.
S. SINGHVI, J. Leave granted in the special leave petitions.
9 Prof. Dr. Raja RamM.A., Ph.D. University Professor HoD Most OBC Candidate.
A companyy of this order be sent to the Secretary to the Governor of Bihar by fax.
Accountant Generals final report to the Vigilance Department and also to the Governor Secretariat for necessary action.
The learned Single Judge of the Patna High Court allowed the writ petition and quashed the numberifications issued by the Chancellor.
Dr. Ram Tawakya Singh has filed Writ Petition No.158/2013 for quashing the appointments of the private respondents as Vice Chancellors and Pro Vice Chancellors.
