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Patna High CourtCWJC/7719/2014disposed

Jai Krishna Kumar And ORS v. The B.N. Mandal University And ORS

2016-05-09Mr. Justice Ajay Kumar Tripathi3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7719 of 2014 ===========================================================

1. Jai Krishna Kumar, son of Shri Tilkeshwar Prasad Yadav, resident of Ward No. 3, P.O. and District- Madhepura-852113; at present working as Associate Professor in the Department of Botany, B.N.M.V. College, Sahugarh, Madhepura

2. Rajendra Prasad Yadav, son of Late Raj Kumar Prasad Yadav, resident of village- Nauabakhar, P.S.- Kishanpur, District- Supaul, at present working as Associate Professor in the Department of Mathematics, B.N.M.V. College, Sahugarh, Madhepura

3. Bijendra Prasad Yadav, son of Late Munilal Yadav, resident of Ward No. 6, Mohalla- Jai Prakash Nagar, P.O. and District- Madhepura, at present working as Assistant Professor in the Department of Physica, T.P.College, Madhepura .... .... Petitioner/s

Versus

1. B.N. Mandal University, Madhepura, through its Registrar,

2. The Vice Chancellor, B.N. Mandal University, Madhepura

3. The Registrar, B.N. Mandal University, Madhepura

4. State of Bihar through the Chief Secretary, Government of Bihar, Patna

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

6. Dr. Arun Kumar, the then Vice-Chancellor, B.N. Mandal University, Madhepura

7. Shri Ganesh Prasad, son of Shri Dinesh Prasad Yadav, resident of By-pass Road, Ward No. 14, P.O. and District- Madhepura, the then Registrar, B.N. Mandal University, Madhepura

8. Kapildeo Prasad, son of Late Jagat Narayan Yadav, presently posted as Associate Professor, Department of Botany, T.P. College, Madhepura

9. Dr. Mahendra Kumar Yadav Son of not known to the petitioner, presently working as Associate Professor Department of Mathematics, B.N.M.V. College, Sahugarh, Madhepura

10. Bindeshwari Prasad Yadav, Son of not known to the petitioner, presently working as Associate Professor, Department of Physics, T.P. College, Madhepura

11. Dinesh Yadav, Son of not known to the petitioner, presently working as Associate Professor in the Department of Zoology, T.P.College, Madhepura

12. Rajeshwar Prasad Rajesh, Son of not known to the petitioner, presently working as Associate Professor, Department of Psychology, T.P. College, Madhepura

13. Dr. Arbind Kumar, son of Late Jugeshwar Prasad Yadav, presently working as Associate Professor in the Department of Zoology, B.N.M.V. College, Sahugarh, Madhepura

14. Shobha Kant Kumar, Son of not known to the petitioner, presently working as Associate Professor, Department of Philosophy, B.N.M.V. College, Sahugarh, Madhepura

15. Bipin Kumar Singh, Son of Aditya Prasad Singh, resident of MohallaGangjala, Ward No. 16, P.S.- Sadar, District- Saharsa, presently working as Associate Professor, Department of Physics, M.L.T. College, Saharsa

16. Ashok Kumar Jha, son of Shri Chandra Nath Jha, resident of Mohalla- Hatiya Gachhi, Manas Nagar, P.S.- Sadar, District- Saharsa, presently working as Assistant Professor, Department of physics, Purnea College, Purnea

17. Arbind Lal Das, Son of not known to the petitioner, presently posted as Associate Professor, Department of Hindi, K.P. College, Murliganj

Patna High Court CWJC No.7719 of 2014 dt.09-05-2016

18. Binod Mohan Jaiswal, Son of not known to the petitioners, presently posted as Associate Professor, Department of Hindi, R.M. College, Saharsa

19. Sachchidanand Jha, son of not known to the petitioners, presently posted as Associate Professor, Department of Political Science, R.M. College, Saharsa .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Binodanand Mishra For the Respondent/s : Mr. GP28- SMT.GEETA KUMARI =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 09-05-2016 The issue raised by the petitioners in the present writ application ought to be raised before the Chancellor of Universities, Bihar, Patna because the allegation made in the present writ application is that most of the private respondents were ineligible for grant of promotion either under the time bound scheme or under merit promotion scheme. The manipulations or illegal orders have been passed by the erstwhile Incharge Vice Chancellor of B. N. Mandal University, Madhepura, Dr. Arun Kumar who also happened to be in dual charge of Magadh University and enjoyed unique position under the patronage of the then Chancellor of Universities, State of Bihar, Patna, as is alleged.

It will be in the interest of things that even the present Chancellor examines such issue and familiarize himself with the kind of decisions and actions which have been taken by such controversial person at the helms of affairs. The anxiety expressed by the petitioners that the

Patna High Court CWJC No.7719 of 2014 dt.09-05-2016 matter will get delayed at the level of the Chancellor may be a misplaced apprehension in the opinion of the Court because I am sure due priority will be given to the grievance raised by the petitioners because of the nature of issue raised by them before this Court. This writ application is disposed of with the liberty as above.

(Ajay Kumar Tripathi, J) Amin/- AFR/NAFR NAFR CAV DATE Uploading Date 10.05.2016 Transmission Date