Poonam Pathak v. The Chancellor Of The Universities Of Bihar, Raj Bhawan, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4319 of 2021 ====================================================== ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Pandey, Advocate For the Respondent/s :

Mr. Pawan Kumar, AC to AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) =====================================================

2/6 (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 30-04-2021 Petitioner has prayed for the following relief(s):

3/6

4/6 And/or (iv) Pass such other order/orders which may appear fit and proper in the facts and circumstances of the instant case."

It is not in dispute that the petitioner is otherwise eligible and can participate in the selection process in terms of advertisement dated 21.09.2020 [Annexure-3].

Petitioner lays challenge to the amendment dated

5/6 29th of August, 2020 brought in by the Secretary, Bihar State Universities Service Commission, vide Annexure-2 series whereby the provisions for award of certain marks for candidates possessing M.Phil. Degree stand deleted. After the matter was heard for some time, learned counsel appearing for the petitioner, under instructions, states that petitioner be granted liberty to approach Respondent No. 1, namely the Chancellor of Universities of Bihar, Raj Bhawan, Patna, venting out the grievances made out in the present petition.

We are inclined to accept such prayer and, as such, as prayed for, dispose of the present petition in the following mutually agreeable terms:- (a) Petitioner shall approach the appropriate authority, including Respondent No. 1, namely, The Chancellor of Universities of Bihar, Raj Bhawan, Patna, venting out the grievances.

(b) As and when any such request is received, the same shall be considered and decided in accordance with law, expeditiously and preferably within a period of eight weeks thereafter.

(c) The process of appointment and selection in

6/6 terms of Advertisement dated 21.09.2020 [Annexure-3] shall continue in terms of the existing statutory provisions, unless, of course, it stands interdicted, in the legislative wisdom of the appropriate authorities.

(d) We have not expressed any opinion on merits. (e) All questions are left open.

(f) Liberty reserved to the petitioner to approach the Court afresh on the same and subsequent cause of action, if the need so arises. The petition as and when filed shall be taken up on priority basis.

Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, shall stand disposed of.

Amrendra/- (Sanjay Karol, CJ) (S. Kumar, J) AFR/NAFR CAV DATE Uploading Date 30.04.2021 Transmission Date