The Patna High Court has provided significant relief to Sanjay Kumar, the former Registrar of Bhimrao Ambedkar University (BRA Bihar University), Muzaffarpur, by declaring his dismissal illegal.
In a major ruling, a single bench of Justice Anjani Kumar Sharan stated that Kumar’s removal was carried out without prior notice and in violation of the principles of natural justice, making it unconstitutional. The court further directed his immediate reinstatement to the post.
Sanjay Kumar was serving as the Registrar of BRA Bihar University when he was removed from the position through an official order dated June 20, 2024. Following his dismissal, Dr. Aparajita Krishna was appointed as his replacement.
However, Kumar challenged this decision by filing a petition in the Patna High Court, arguing that he had been removed without due process.
In his plea, Kumar claimed:
- He was dismissed without being given prior notice or an opportunity to present his case.
- The appointment of Dr. Aparajita Krishna was irregular, as she did not meet the necessary qualifications for the post.
Court's observations and verdict
After reviewing the case, the High Court found that the appointment of Dr. Aparajita Krishna did not comply with the provisions of Section 15 of the Bihar State University Act, 1976. The court also noted that she lacked the requisite qualifications to hold the position of Registrar.
Additionally, the bench highlighted procedural lapses in the appointment process. It observed that there should have been a transparent selection process in which eligible candidates were shortlisted from a panel. However, no such process was followed in this case.
As a result, the High Court ruled in favor of Sanjay Kumar, declaring his dismissal unlawful and instructing the authorities to reinstate him immediately.
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Debate over government officials’ personal appearance in court
The case also brought attention to another significant issue—the requirement for senior government officials to personally appear in court.
The Bihar government had earlier filed a petition challenging an order by the single bench, which directed the Additional Chief Secretary of the Education Department to appear before the court in person. The matter was linked to a civil writ petition, and on February 13, the court had instructed the government counsel to ensure the Additional Chief Secretary’s presence during the afternoon session.
This development sparked a debate over judicial intervention in administrative matters, with the state government arguing that such orders were improper.
Implications of the judgment
The Patna High Court’s decision has reaffirmed the importance of due process and adherence to legal provisions in administrative actions. It also highlights concerns over arbitrary dismissals and appointments in the education sector.
The ruling sets a precedent for maintaining transparency in university administration and reinforces the necessity of following established legal frameworks for appointments and removals.
With the court’s directive, Sanjay Kumar is now set to return as the Registrar of Bhimrao Ambedkar University, marking a significant victory for him and a strong message against procedural violations.
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