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Patna High CourtCWJC/626/2022disposed

Ratnesh Kumar Mehra v. The State Of Bihar

2024-03-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.626 of 2022 ====================================================== Ratnesh Kumar Mehra S/o Late Chandeshwar Ram, R/o Manpur Bairia, P.O.- Baria, P.S.-Gopalpur Sampatchak, District Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Human Resources Department, Government of Bihar, Patna.

3.

The Principal Secretary, Department of Finance, Government of Bihar, Patna.

4.

The Secretary, Department of Higher Education, Govt. of Bihar, Patna. 5.

The Patna University through its Registrar, Ashok Raj Path, Patna. 6.

The Vice Chancellor, Patna University, Ashok Raj Path, Patna. 7.

The Registrar, Patna University, Ashok Raj Path, Patna. 8.

The Finance Officer, Patna University, Ashok Raj Path, Patna. 9.

The Principal, Patna College, Ashok Raj Path, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Kumar Singh, Adv.

For Patna University Mr. Manish Dhari Singh, Adv.

For the State :

Mr.Kameshwar Kumar, GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 28-03-2024 Heard learned counsel for the petitioner, learned counsel for the University and learned counsel for the State.

2. Learned counsel for the petitioner submits that this writ petition is squarely covered by order dated 01.05.2018 passed in C.W.J.C. No. 4783 of 2017.

3. In such view of the matter, petitioner is directed to file a fresh detailed representation before the respondent nos. 6 or 7 along with all supporting judgments and

Patna High Court CWJC No.626 of 2022 dt.28-03-2024 2/2 documents within a period of one month from today and the respondent nos. 6 or 7 are well advised to consider the case of the petitioner after affording opportunity of personal hearing or through his counsel and pass a reasoned and speaking order in accordance with law within two months from the date of filing of such representation. While taking decision, the respondent University is required to take final decision in the light of the judgment of the Apex Court in the case of Secretary, State of Karnataka & Ors. vs. Umadevi & Ors., reported in (2006) 4 SCC 1 and clarified by the subsequent judgment in the case of State of Karnataka & Ors. Vs. M.L. Kesari & Ors., reported in (2010) 9 SCC 247.

4. It is made clear that respondent nos. 6 or 7 shall be solely liable for non-compliance of this order within the stipulated period.

5. With the aforesaid observation and direction, this writ application stands disposed of.

(Anjani Kumar Sharan, J) devendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.03.2024 Transmission Date NA