Bihar governor to decide on plea to set aside registrar appointments in 3 months

The court order is significant as the chancellor’s secretariat has got involved in the appointment row, a repeat of what happened during the stint of former Bihar governor Devanand Konwar.

Patna High Court has allowed a petitioner to approach the Bihar Raj Bhawan seeking cancellation of appointment of registrars in six state universities, allegedly done in violation of rules, and also given him a free hand to approach the court if the grievance is not adequately addressed in three months’ time.

Bihar governor Phagu Chauhan is also the chancellor of universities and the appointing authority for registrars in the state. (HT Photo)

The bench of chief justice Sanjay Karol and Justice Sanjay Kumar was hearing public interest litigation (PIL) by one Rohit Kumar of Madhubani, seeking permission to request the governor to declare the appointments of registrars in six universities null and void and make fresh selections as per the existing statutory provisions.

“Even those facing serious corruption charges, or against whom FIRs have been lodged, have been appointed in an arbitrary and non-transparent manner. Those without experience and from affiliated colleges with questionable recognition have also found favour for the important posts. Now, the governor, who is also the chancellor of universities and the appointing authority for registrars, has to dispose of the representation from the petition within three months. The petitioner had the liberty to approach the court if not satisfied,” senior counsel PK Shahi, who is representing the petitioner said.

The petitioner has alleged that the appointments of Dr Mustaque Ahmad at Lalit Narayan Mithila University (Darbhanga), Dr Vijay Kumar at Magadh University (Bodh Gaya), Dr Jitendra Kumar at Patliputra University (Patna), Dr Ravindra Nath Ojha at Purnea University, Dr Pushpendra Kumar Verma at Nalanda Open University (Patna) and Dr Shiva Ranjan Chaturvedi at KSD Sanskrit University (Darbhanga) be set aside as they were not done as per the laid down provisions of the Bihar State Universities Act.

The court granted the permission after the counsel for the respondents promised a response within three months. “...The authority concerned shall consider and dispose of [the petition] expeditiously and preferably within a period of three months from the date of its filing, along with a copy of this order”.

The court order is significant as the chancellor’s secretariat has got involved in the appointment row, a repeat of what happened during the stint of former Bihar governor Devanand Konwar, when the Supreme Court asked the Raj Bhawan to carry out appointments only through search committee and through meaningful dialogue with the chief minister. In 2013, the Supreme Court quashed all appointments of VCs and a new process was initiated.

Citing a Supreme Court ruling, the bench directed the petitioner to approach the authority within four weeks.

“The authority concerned shall consider and dispose of expeditiously by a reasoned and speaking order, preferably within a period of three months from the date of its filing along with a copy of this order. While considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties,” the court observed and added that it was not expressing any opinion on merits and all issues were left open.

In Bihar, appointments to key positions in higher education have often landed in controversy and led to confrontation between the state government and the Raj Bhawan.

The much-hyped experiment to appoint former Brigadiers from the armed forces as the registrars of universities, initiated during former governor Satyapal Malik’s tenure, has mostly been done away with, the charge of multiple universities now going to professors, even from affiliated colleges. Earlier, professors from affiliated colleges were never made registrar.

The situation is such that several vice chancellors and registrars are holding charge for multiple universities.