Surendra Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7447 of 2018 ====================================================== Usha Rani Singh Wife of Late Surendra Kumar Singh, Resident of A/7 Bari Patandevi Colony, P.O. Gulzarbag, P.S. Alamganj, District- Patna. ... ... Petitioner/s

Versus

1.

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

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

3.

The Director, Higher Education, Education Department, Government of Bihar, Patna.

4.

Magadh University, Bodh Gaya through the Registrar. 5.

The Vice Chancellor, Magadh University, Bodh Gaya. 6.

The Registrar, Magadh University, Bodh Gaya.

7.

The Principal, S.B.A.N. College, Darheta, Lari, District- Arwal. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Singh, Adv.

For the Respondent/s :

Mr.Prabhakar Jha- GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 02-12-2025 Heard learned counsel for the petitioner and learned counsel for the State. No one appears on behalf of the Magadh University, Bodh Gaya.

2. With the consent of parties the present writ application is being disposed of at this stage itself.

3. In the present writ application the petitioner has prayed for the grant of following reliefs:

"(I) For issuance of an appropriate writ in the nature of MANDAMUS,commanding and

Patna High Court CWJC No.7447 of 2018(4) dt.02-12-2025 2/3 directing the Respondent Authorities to grant promotion to the post of University Professor from the due date i.e. 23.08. 1998 on the ground that the petitioner had completed of 25 years of continuous service as teacher on 23.08.1998 which is required condition for grant of promotion to the post of University Professor under Time Bound Promotion Scheme as stipulated in the Statute.

(II) For issuance of an appropriate writ in the nature of MANDAMUS,commanding and directing the Respondent Authorities to pay the consequential monetary benefit on account of promotion of University Professor with interest.

(III) For issuance of any other appropriate writ/writs, order /orders direction/directions for which the writ petitioner would be entitled under the facts and circumstances of the case."

4. While advancing argument, learned counsel for the petitioner submits that for the relief as claimed for in the present writ application, the petitioner has already filed a representation dated 27.11.2017 before the Vice-chancellor, Magadh University, Bodh Gaya, which continues to be pending. He, therefore, prays that an appropriate direction be given to the Vice-chancellor, Magadh University, Bodh Gaya for deciding the said representation within a fixed time frame, after giving an opportunity of hearing to the petitioner.

5. To the aforesaid submission made by learned counsel for the petitioner, learned counsel appearing for respondents-State has no objection.

Patna High Court CWJC No.7447 of 2018(4) dt.02-12-2025 3/3

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, the present writ application is disposed of directing the Vice-chancellor, Magadh University, Bodh Gaya to dispose of the pending representation of the petitioner dated 27.11.2017 (Annexure-P/5) within six months from the date of production of a copy of this order, after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order that shall be passed by the Vicechancellor, Magadh University, Bodh Gaya shall be a reasoned and speaking order.

7. With the aforesaid observation and direction, the present writ application stands disposed of. Pending I.As, if any will be deemed to have been disposed of.

(Alok Kumar Sinha, J) Prakash Narayan U