The Patna High Court, in a recent ruling, emphasized that educational institutions, particularly minority colleges like Mirza Ghalib College, Gaya, cannot continue to operate without a regular principal for extended periods. The court, underlining the statutory framework in place for the appointment of principals, directed the relevant authorities to appoint a regular principal within two months. If the deadline is not met, the petitioner’s position as Professor-in-Charge will be reinstated.
Background of the Case
The petitioner, Dr. Shujaat Ali Khan, 57, currently serving as Professor-in-Charge of Mirza Ghalib College, Gaya, filed a writ petition challenging the decision of Magadh University to relieve him of his duties. The university, through its letter dated January 20, 2024, instructed the college to restrain Dr. Khan from serving in any administrative role until the conclusion of an ongoing inquiry.
Mirza Ghalib College, a minority institution registered under the Societies Registration Act of 1860 and affiliated with Magadh University, has been functioning without a regular principal since 2017. Dr. Khan was appointed as Professor-in-Charge in the absence of a regular principal. The case highlights the administrative vacuum that has persisted for over seven years, raising concerns about governance and the legal requirements for such appointments.
Key Legal Issues
1. Validity of Prolonged Appointment of Professor-in-Charge:
One of the central legal questions addressed by the court was whether an educational institution could continue to function indefinitely with a Professor-in-Charge instead of a regularly appointed principal. The court found that such an arrangement violated the mandate of the Bihar State Universities Act, 1976, and the statutes approved by the Chancellor of Bihar.
2. Compliance with the Bihar State Universities Act, 1976:
The court examined the relevant provisions under the Bihar State Universities Act, 1976, particularly Section 57(A)(5) and Section 57(B), which regulate appointments in minority institutions. According to the Act, appointments must be made by a governing body with the approval of a university-appointed selection committee. The court found that these requirements had been disregarded for years.
3. Role of Minority Status in Appointment Processes:
Mirza Ghalib College, being a minority institution, operates under certain special provisions. However, the court ruled that the minority status of the college did not exempt it from following the prescribed laws and procedures for the appointment of administrative heads.
Court’s Decision and Observations
Justice Nani Tagia, presiding over the case (Civil Writ Jurisdiction Case No. 3141 of 2024), concluded that the prolonged absence of a regular principal was unlawful and detrimental to the governance of the institution. He directed the university authorities to appoint a regular principal within two months.
“When there is a law in place for the appointment of a Principal as the administrative head, the college cannot be allowed to function through a Professor-in-Charge for such a long period of time,” observed the court.
The court further ruled that if a principal is not appointed within the given timeframe, Dr. Shujaat Ali Khan would be reinstated as Professor-in-Charge.
Counsel Representation
– For the Petitioner (Dr. Shujaat Ali Khan): Senior Advocate Mr. Y.V. Giri, assisted by Mr. Surendra Kumar Singh.
– For the State of Bihar: Mr. Government Advocate 9, Mr. Manoj Kumar Singh, and Mr. Nalin Vilochan Tiwary.
– For Respondent No. 7 (Secretary of the Governing Body, Mirza Ghalib College): Senior Advocate Mr. Amit Shrivastav and Mr. Girish Pandey.
– For Magadh University: Mr. Sriram Krishna, Mr. Prabhat Kumar Singh, and Mr. Shashank Shekhar Kunwar.
– For the Intervenor: Mr. Bishketu Sharan Pandey, Mr. Abhishek Kumar, and Mr. Sahil Verma.
