PATNA, Nov. 14 -- Nearly nine months after joining as assistant professor in the department of political science in AN College under Pataliputra University, Bihar's rural work minister Ashok Choudhary has now landed in another controversy over the 'office of profit' issue and the matter has been referred to Advocate General (AG) SD Sanjay for opinion by the Lok Bhawan. The controversy arose as Choudhary applied for lien or leave without pay just a day after his joining on February 17, 2026 and the matter was presented on August 19, 2026 for approval before the University Syndicate, which declined citing the provisions in the Bihar State Universities' Act, 1976 and proposed to refer the matter to the Lok Bhawan for guidance. AG Sanjay has sought discussion on the matter with all authorities concerned. "I will discuss all the aspects before arriving at a decision. I have called the secretary to the Governor, Pataliputra University V-C and others for discussion, as there are legal issues involved," he added. The Lok Bhawan's OSD (Judicial) had earlier noted that leave could not be sanctioned to an assistant professor during the probation period, as per norms. Another factor cited was that Choudhary was appointed assistant professor while he was still a legislator and minister, while the Act had provision of lien or leave if a professor was elected member of Parliament or State Legislature, not vice versa. There have been a few instances of legislators and MPs - both sitting as well as former - getting appointed as assistant professor and later also getting transferred to Patna College, as it happened in 1996, through the Lok Bhawan. "While an existing teacher has a built-in statutory safety valve to pause their career via leave without pay, a sitting MLA/MLC attempting to join a university faces an immediate, unresolvable constitutional barrier under Article 191(1)(a)," says the Lok Bhawan note, which HT has seen. However, Choudhary's appointment was dogged by controversy ahead of Assembly election soon after his name was recommended as Ashok Kumar on the basis of his academic credentials. It deepened further when the education department sent back the recommendation of his name to the Bihar State University Service Commission (BSUSC) for certain clarification. As a result, his name did not find place in the list of 18 candidates initially issued by the university for joining, but later his joining was facilitated after election. The controversy has resurfaced again after the Lok Bhawan referred the matter to the AG for legal opinion, as Choudhary has been an MLC since March 17, 2021, while he got appointed as assistant professor in 2026 and his term in the Legislative Council would end on March 16, 2027. The internal communication of the Lok Bhawan clearly stated that "his joining as Asst Professor, while still retaining his status as MLC, should not have been accepted by the University/ college in the absence of any clear provision in this regard, in either Act or Statute and it could make a case for his disqualification as MLC for the Bihar Legislative Council chairman to decide". Dipak Kumar Singh, former additional chief secretary (ACS) to the Governor, also concurred with the OSD-J stand that Choudhary was not entitled to lien in accordance with the Bihar State Universities Act, Statutes as well as Bihar Service code. "Besides, a sitting lawmaker cannot apply for a fresh appointment because they cannot execute a full-time employment contract while bound to their legislative duties," he observed in a note before he was shifted from the Lok Bhawan last week. Meanwhile, minister Choudhary said he was selected as assistant professor by the BSUSC and was cleared for joining six months after others, as the education department wanted more clarifications in his case. "I applied for the post as there was no bar on MLA/MLC from applying. There was no appointment for 20 years in the state. Had the appointment process been completed earlier, such a situation would not have arisen. Just because I am Ashok Choudhary, some people are after me," he added. Choudhary said the law should apply to all equally. "There are several others who were members of the Commission, legislators and MPs who availed of lien. I also applied for lien after joining. I don't know why a professor getting elected to any House can get lien but not the vice versa. I am already close to 60 years and the retirement age for assistant professors is 65 years. Even if I have to choose one option, it will not affect me, but it will only expose the process. It was my father's desire to see me as professor and I have fulfilled his dream," he added. The minister said he should not be the sole case for discrimination just because he is SC....