“Vacancy Of Librarian Is Not Administrative Choice But Failure Of State's Duty To Provide Educational Infrastructure”: Patna HC

The Patna High Court has expressed serious concern over large-scale vacancies of Librarians, Deputy Librarians and Assistant Librarians across universities in Bihar, observing that absence of librarians causes a “functional breakdown” in the academic health of educational institutions. A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a writ petition concerning vacancies in library posts across universities in Bihar. At the outset, the Court observed:“Libraries are a vibrant, central piece of every campus, a library's value and contributions extend to learning creativity, retention, graduation, and skill development. Without librarians, making these connections, students and faculty would be left without navigators. The present case deals with such an issue.”Pursuant to earlier directions, Vice-Chancellors of several universities including Munger University, Patliputra University, Patna University, Magadh University, Lalit Narayan Mithila University and others appeared virtually before the Court and apprised it of the existing vacancies in library posts.The Vice-Chancellor of Munger University informed the Court that all 17 sanctioned posts of Librarian were vacant, while Patliputra University stated that all 21 sanctioned posts were lying vacant. Similarly, Maulana Mazharul Haque Arabic & Persian University informed the Court that its sole sanctioned post of Librarian was also vacant. After considering the vacancy positions across universities, the Court observed:“After having noticed the vacancy position, we are of the humble view that in all the aforenoted Universities, almost all of the posts of Librarian/Deputy Librarian and Assistant Librarian are vacant on date due to which, the proper functioning of the libraries across all the Universities in the State is completely come to a temporary halt and thus jeopardizing the future, prospect and career of the students, besides affecting academic environment of the College and Universities.”The Court noted that while some universities had initiated roster clearance processes and others had already sent requisitions to the Director, Higher Education, no concrete steps had yet been taken for appointments.To expedite recruitment, the Court directed all Vice-Chancellors to ensure that pending roster clearances are completed promptly and that requisitions for vacancies are sent to the Director, Higher Education within prescribed timelines. The Divisional Commissioners concerned were also directed to complete roster clearance formalities within two weeks of receipt of vacancy details. The Bench further emphasised the institutional importance of librarians, observing:“The librarian is the custodian of the intellectual capital of a University. Their role is a hybrid of an academic researcher and an administrative manager. Therefore, a vacancy in this post is not a mere delay, it is a suspension of the University's primary duty to provide accessible knowledge.”The Court added that modern librarians function as specialised information scientists who help students distinguish “between search and research” and evaluate the credibility and authority of sources. Significantly, the Court held:“In the eyes of the law, a vacant librarian post, especially in a University is not merely an administrative oversight; it is seen as a functional breakdown in the 'administration of justice' and the 'academic health' of an institution.”The Bench further observed that absence of librarians results in deterioration of physical collections, lack of reference services, failure to manage journal and database subscriptions, and absence of systematic preservation and collection development.The Court placed on record its appreciation for the assistance extended by the Vice-Chancellors and university officials during the proceedings.Case Title: Dr. Ranganathan Rajya Pustakalaya Samiti & Anr v. The State of Bihar & Ors.Case No.: Civil Writ Jurisdiction Case No. 2586 of 2021.Appearance: Mr. Navendu Kumar for the Petitioners. Mr. Vivek Prasad, Amicus Curiae. Mr. Shashi Shekhar Tiwary, AC to AAG-15, Md. Nadim Seraj, Mr. Ashhar Mustafa, Mr. Rajesh Prasad Choudhary, Mr. Siddhartha Prasad, Dr. Anand Kumar, Mr. Sanjay Kumar Ghosarvey, Dr. Maurya Vijay Chandra, Ms. Preety Ranjan, Mr. Vindya Keshri Kumar, Sr. Advocate, Mr. Binay Kumar Singh and Mr. Bajrangi Lal for the Respondents.Click Here To Read/Download Order

“Vacancy Of Librarian Is Not Administrative Choice But Failure Of State's Duty To Provide Educational Infrastructure”: Patna HC

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“Vacancy Of Librarian Is Not Administrative Choice But Failure Of State's Duty To Provide Educational Infrastructure”: Patna HC

Rushil Batra

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