Bihar Minister Ashok Choudhary Faces Disqualification Risk Over College Professor Post

Bihar Minister Ashok Choudhary is confronting a potential disqualification threat to his membership in the state legislature over his appointment as a college teacher. The senior Janata Dal (United) leader, who serves as the Food and Consumer Protection Minister, recently took up a faculty position while retaining his cabinet portfolio and legislative seat. The controversy has ignited a constitutional debate concerning office of profit regulations and legislative integrity in the state.

Choudhary formally joined as an assistant professor of political science at A N College in Patna, which functions under Patliputra University, on February 17. Merely a day after completing his joining formalities, the minister proceeded on leave to continue his political duties and administrative responsibilities. He subsequently submitted an application requesting a lien on the post to protect his substantive academic tenure during his ministerial term.

The Patliputra University Syndicate reviewed the minister's petition but declined his request for a lien, citing regulatory constraints. University authorities determined that the governing framework under the Bihar State Universities Act of 1976 did not permit such an arrangement under the circumstances. The matter was subsequently escalated to Raj Bhavan, the official secretariat of the Bihar Governor, who also serves as the chancellor of state universities.

In an official note on the controversy, the Governor’s Secretariat raised serious objections to the minister holding both positions concurrently. The chancellor's office pointed out that Choudhary was appointed as a fresh recruit and remained on probation, rendering him legally ineligible for a substantive lien. University statutes mandate that lien privileges generally apply to confirmed permanent employees rather than probationers.

Raj Bhavan also scrutinized the invocation of Section 68(2) of the Bihar State Universities Act, 1976, which provides special leave to university employees elected to legislative bodies. The governor's note clarified that this statutory exception was intended exclusively for existing permanent educators who later run for public office and win elections. It does not extend to sitting lawmakers who seek and obtain fresh university teaching appointments while already serving in the legislature.

The official communication highlighted that continuing in the academic post attracts the constitutional prohibition against holding an office of profit. Raj Bhavan underlined that the disqualification risk applies irrespective of whether Choudhary draws a salary or teaching allowances from the educational institution. Under Indian election laws, the mere holding of a post under the government that carries potential remuneration or executive control can trigger legislative disqualification.

Choudhary has served as a Member of the Bihar Legislative Council since March 2021 and remains a key figure in Chief Minister Nitish Kumar’s cabinet. If the post is formally deemed an office of profit by relevant constitutional authorities, he risks losing his legislative council seat. Such an outcome would also necessitate his resignation from the state council of ministers unless resolved in his favor.

The minister has publicly defended his appointment, asserting that he adhered to all requisite procedures during the selection process conducted by the state university service commission. Choudhary dismissed the objections raised by Raj Bhavan, characterizing the scrutiny as politically motivated. He maintained that he sought necessary permissions and did not seek to draw dual financial remuneration from the state exchequer.

The contentious issue has now been forwarded to the Advocate General of Bihar for a definitive legal opinion on the statutory questions involved. Legal experts are assessing whether Choudhary's probationary status and simultaneous holding of cabinet office violate specific provisions of the Constitution of India. The Advocate General’s guidance will inform the state government’s formal stance on the matter.

Any ultimate determination regarding disqualification will rest with the Chairman of the Bihar Legislative Council following standard procedural norms. Observers note that the decision could establish a significant precedent regarding the employment rights of sitting legislators in public universities. For now, the minister faces heightened political pressure as opposition parties demand accountability and legal clarity.