Rajiv Narayan Prasad v. The Chancellor Of Universities Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17252 of 2017 ====================================================== Rajiv Narayan Prasad, Son of Late Badri Narayan Prasad, Resident of Lah Bazar, P.S.- Town, District- Saran (Chapra).

... ... Petitioner/s

Versus

1. The Chancellor of Universities of Bihar, Raj Bhawan, Patna.

2. Jai Prakash University, Chapra through its Registrar.

3. Vice Chancellor, Jai Prakash University, Chapra.

4. Registrar, Jai Prakash University, Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinav Srivastava, Advocate For the Respondent/s :

Mr. Rajendra kumar Giri, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 30-11-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the University.

The petitioner is aggrieved by the order of his suspension as contained in letter no. 7288 ® dated 5.1.2016. Counsel for the petitioner submits that the Hon'ble Chancellor has been pleased to examine the legality and validity of the similar order of suspension and vide order dated 28.7.2016 has held out that the order of suspension of similarly circumstanced persons suffers from the vice of non-compliance of the principles of natural justice and violates the statutory provisions of the Universities Act and the Statutes.

Patna High Court CWJC No.17252 of 2017 dt.30-11-2017 2/2 In view of the order passed by the Hon'ble Chancellor of the Universities in the case of Dr. Saroj Kumar Verma Vs. J.P. University and others cases, decided on 28.7.2016, the University is required to extend similar benefits to the petitioner of this case if the petitioner stands on similar footing like Dr. Saroj Kumar Verma.

In the aforesaid backdrop of the fact, the Vice-Chancellor of the University is directed to examine the case of the petitioner and if the case of the petitioner is found to be identical to said Dr. Saroj Kumar Verma and others and the reasons shown in the order dated 28.7.2016 is applicable in the case of the petitioner of this case, the Vice-Chancellor will pass order in the light of the order passed by the Hon'ble Chancellor within a period of 15 days from the date of receipt/production of a copy of this order.

With the aforesaid direction, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 1.12.2017 Transmission Date