Patna High Court Upholds Dismissal of 20 Assistant Professors at Gaya College
In a significant ruling, a division bench of the Patna High Court has dismissed the petition filed by 20 assistant professors of Mirza Ghalib College in Gaya, a government-funded minority institution. The bench, comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar, delivered its judgment on February 16, 2024, upholding an earlier decision that had quashed their appointments.
Background of the Controversial Appointments
The appointments in question were made in February 2021 across several key academic disciplines, including physics, chemistry, mathematics, political science, economics, and psychology. However, these appointments were initially challenged in court by some applicants who raised serious concerns about the selection process.
Justice Anjani Kumar Sharan of the Patna High Court had earlier quashed these appointments in 2024, citing gross anomalies and malpractices in the appointment procedure. The affected teachers subsequently appealed this decision, but the division bench has now provided no relief, effectively ending their employment at the college.
Flawed Selection Process and Legal Violations
The court found multiple violations of the Bihar State Universities Act, particularly Section 57, which governs the appointment of teachers in minority colleges. According to the Act, the selection committee must include:
- The principal of the college
- The head of the concerned department
- Three domain experts selected from a panel recommended by the university's academic council
- A chairman nominated by the governing body from among its members
The court determined that the selection committee constituted for these appointments was deeply flawed as it excluded both the principal and department heads, while also completely bypassing the university's academic council in selecting domain experts.
Additional Irregularities in the Appointment Process
The investigation revealed several other serious shortcomings in the appointment process:
- The college management claimed the interview process was videographed but failed to provide raw footage when requested by a university inquiry committee, citing that the records had gone missing.
- No comparative chart of applicants was compiled.
- Academic score cards and interview marks were not properly documented.
- The selection of experts lacked transparency.
- The interview for the assistant professor of Urdu position was cancelled without clear justification.
- There was insufficient clarity about communication methods with applicants regarding interviews and appointments.
Legal Precedent and Minority Rights
In its judgment, the court made an important clarification about minority rights in education administration. While acknowledging the right of minorities to establish and administer educational institutions, the court emphasized that this right is not absolute and does not include the right to maladminister. This statement sets a significant precedent for future cases involving educational institutions and their governance.
Historical Context of the Recruitment
The controversy dates back to March 2018 when the posts were first advertised. Interviews were conducted in February 2019, but the governing body cancelled the advertisement in October 2019 without providing any reason. The posts were then re-advertised, leading to the controversial appointments that have now been definitively quashed by the Patna High Court.
This case highlights the importance of transparent and legally compliant recruitment processes in educational institutions, particularly those receiving government funding. The judgment serves as a reminder that procedural irregularities in appointments can have serious consequences for both institutions and individuals involved.
