Magadh University vice-chancellor Arvind Kumar. Telegraph picture

Patna, Feb. 10: There is finally some relief in sight for beleaguered Magadh University vice-chancellor (VC) Arvind Kumar after Patna High Court today vacated its stay order restraining his powers.

After hearing the arguments of the VC and the state government, a division bench comprising chief justice Rekha M. Doshit and justice Jyoti Saran set aside the order of the single bench that restrained Kumar from discharging his duties.

On February 2, the high court bench had restrained both Arvind and Veer Kunwar Singh University (VKSU), Ara, VC Subhash Prasad Sinha from discharging their duties till the next date of hearing. Both the VCs had challenged the interim order, separately.

VKSU VC’s matter would also be taken up soon.

Senior advocate Y.V. Giri, counsel for Arvind, submitted to the high court that the interim order was not valid as Kumar was neither made party in his personal capacity, nor was he given any opportunity to be heard in the manner.

Unless the matter is finally decided after hearing all the parties, the order should not have been passed, Giri contended. He added that a very ”serious injury” has been caused to the VC whose constitutional rights have been taken away without giving him a hearing.

Contradicting the petitioner’s contention that the chancellor had not consulted the government before making the appointment, Giri submitted that the notification itself says the chancellor had consulted the government according to the terms of Section 10 (2) of the Bihar State University Act, 1976.

Additional advocate-general Lalit Kishore submitted that the chancellor, Devanand Konwar, did not hold any consultation with the state government before making appointment of the VC. The chancellor, however, maintained that he had consulted the government.

Keeping in mind the dignity of the post of the governor, who is also the chancellor of the universities, the state has decided to put an end to the issue and accepted the appointment of the vice-chancellor. The single bench of justice Ajay Kumar Tripathi, where the matter has been remitted for hearing, had passed the order on a petition filed by Pramod Kumar Singh, a teacher of SP Jain College of Ara, alleging that the appointment of Arvind and Sinha was made in violation of the provisions of Bihar State University Act, 1976.

According to the provisions of the act, the chancellor should make appointments in consultation with the state government but in this case, the chancellor did not do so.

The petitioner also submitted that Arvind’s track record was not clean as allegations of financial embezzlement had been levelled against him when he was the VC of Vinoba Bhave University, Hazaribagh.