Judgment 1. Against an order of a Bench dated 21.7.1997 in L.P.A. No. 1363/96 : Dr. (Mrs.) Sumedha Tripathi V/s. The State of Bihar and others, the appellant filed a Special Leave to Appeal at the Supreme Court as the Letters Patent Appeal had been dismissed. 2. The issue whether the college concerned should have a Principal who is male Principal or a female Principal engaged the attention of the Supreme Court. The contention on behalf of the appellant was that correspondence and record of the University bears out that the college should be having a female Principal. On the other hand, the College Service Commission contented that its records show that for the selection of a Principal it will be an open selection regardless of gender. There appears to be discrepancy between the records of the Commission aforesaid and as was possessed by the University. The Supreme Court itself has placed the contradiction on record and desired the High Court to have enquiry made and if it so through a judicial officer. 3. There is no reference to statutes in this regard but in so far as the statutes are concerned, neither counsel of the parties are at issue that statutes in reference to the context for the selection of a Principal provide for minimum qualification. (d) Principal. Pay-Scale-Pay of University Professor/Reader Plus an allowance of Rs. 156/ P.M. plus rent free house or 10% of the salary in lieu thereof. Minimum Qualifications. "A first or High Second Class Masters Degree or equivalent degree of a foreign University with consistently good academic record and not less than twelve years teaching experience, at least as a lecturer in a Degree College/University department: Provided that the scale of pay of University Professor shall be admissible only to those who possess the qualification of University Professor and have been decided suitable for appointment in that scale by the Public Service Commission or who are already University Professor on the recommendation of the Commission at the time of appointment: Provided further that, for the purpose of teaching experience 15 years of experience in a Degree College as Principal will satisfy the requirement in respect of 10 years teaching experience in Post-Graduate Classes". 4. The statutes were approved by the Chancellor in 1977. 5.
4. The statutes were approved by the Chancellor in 1977. 5. At the time when the Supreme Court passed an order the circumstances of Bihar being bifurcated into two States was nowhere in sight, 6. If a fulfledged enquiry is to take place and the parties were to produce their records and claims then the counsel for the parties are also not at issue that it will appropriately be convenient that this enquiry should be conducted at a place where records are available. 7. In the circumstances, notwithstanding that this Letters Patent Appeal may be decided and concluded at the Patna High Court but regard being had to the circumstances that by virtue of proviso 3 of Section 34 of the Bihar Reorganisation Act, 2000 if the circumstances so warrant then the appeal may be transferred to the new High Court i.e. Jharkhand High Court. 8. Learned counsel for the parties are agreed that regard being had to the totality of the circumstances it will be convenient for all the parties to produce their rival records in the State of Jharkhand so that an enquiry may be made on the aspect highlighted in the order of the Supreme Court as to which version is correct i.e the record presented by the University or the College Service Commission. 9. The record be transmitted by the Registrar General to the Jharkhand High Court.