Faiz Ahmad And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18457 of 2016 ====================================================== 1.
Faiz Ahmad and Ors son of Hussain Ahmad resident of Muhalla Rajabazar, P.S. Shastrinagar, District Patna.
2.
Aditya Kumar son of Sri Harihar Prasad resident of Muhalla- Jaiprakash Nagar, Mithapur, Rajabazar, P.S.- Jakkanpur, District- Patna. 3.
Pallavi wife of Deo Prakash resident of A-1, Ashokpuri, P.S.- Khajpura, District- Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar the Principal Secretary, Department of Education, Bihar, Patna.
2.
The Principal Secretary, Department of Education, Bihar, Patna. 3.
The Director, Higher Education, Government of Bihar, Patna. 4.
Patna University, Patna, through its Registrar. 5.
The Vice Chancellor, Patna University, Patna. 6.
The Registrar, Patna University, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Adv.
For the Respondent/s :
Mr. Jitendra Kumar Roy No-1 Sc13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 07-11-2025 Heard learned counsel for the petitioners and learned counsel appearing for respondents-State. No one appears on behalf of the Patna University, Patna.
2. With the consent of both the parties, the present writ application is being disposed of at this stage.
3. Learned counsel for the petitioners submit that for the relief as claimed for in the writ application, the petitioners have already filed a representation dated 24.07.2015 before Chancellor, Patna University, Patna, which is still pending. He
Patna High Court CWJC No.18457 of 2016(3) dt.07-11-2025 2/3 further submits that this case is squarely covered by a decision of Hon'ble Supreme Court in the case State of M.P. v. Manoj Sharma of reported in (2018) 3 SCC 329.
4. Learned counsel for the petitioners, therefore, submits that the petitioners would be satisfied if an appropriate direction could be issued to the Chancellor, Patna University, Patna to dispose of the pending representation in light of the aforesaid judgment of the Hon'ble Supreme Court, after giving an opportunity of hearing to the petitioners, by passing a reasoned and speaking order.
5. To the aforesaid prayer being made by learned counsel for the petitioners, learned counsel appearing for respondents-State does not have any objection.
6. Considering the limited nature of prayer being made by learned counsel for the petitioners, the present writ application is disposed of directing the Chancellor, Patna University, Patna to dispose of the pending representation of the petitioners dated 24.07.2015 (Annexure-4) within four months from the date of production of a copy of this order, after giving an opportunity of hearing to the petitioners. It is made clear that while disposing of the pending representation of the petitioners, the Chancellor, Patna University, Patna shall take into
Patna High Court CWJC No.18457 of 2016(3) dt.07-11-2025 3/3 consideration the judgment of the Hon'ble Supreme Court reported in (2018) 3 SCC 329.
7. Needless to emphasize that the final order which shall be passed by the Chancellor, Patna University, Patna should be a reasoned and speaking order.
8. 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