Dr. Sanjiv Kumar v. Babasaheb Bhimrao Ambedkar Bihar University,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5195 of 2022 ====================================================== 1.

Dr. Sanjiv Kumar Son of Sitaram Singh Resident of Sitaram Sadan, Shankarpuri, Sadpura, P.S. - Kazi Mohamadpur, District- Muzaffarpur. 2.

Dr. Sumant Kumar Son of Dineshwar Prasad Shukla Resident of Village and P.O. - Bishnupur Titidha Via Bidhupur (RS), P.S. - Rajapakar, DistrictVaishali. 3.

Dr. Smita Gautam W/O Ujjwal Kumar Resident of Akharaghat Road, Mahavir Asthan, P.S. - Town, District- Muzaffarpur. 4.

Ranjit Kumar Singh Son of Balram Prasad Singh Resident of Village and Post - Madarna, Ward No. 02, P.S. and District- Vaishali. 5.

Gunjan Kumar Son of Arun Kumar Pandey Resident of Damu Chowk Shivpuri Lane No. 2, P.S. - P.S. - Kazi Mohammadpur, DistrictMuzaffarpur. 6.

Ravi Shekhar Thakur Son of Chaturbhuj Thakur Resident of Village and P.O. Katarmala Via Bhagwanpur, P.S. - Goraul, District- Vaishali. 7.

Dr. Ravi Kumar Son of Dinesh Kumar Chaudhari Resident of Village and P.O. - Kharuna Dih, P.S. - Kudhani, District - Muzaffarpur. 8.

Jyoti Daughter of Mahesh Prasad Sah Resident of R - Mart, G.D. Complex, P.S. - Kanti, District- Muzaffarpur.

9.

Pawan Kumar Son of Chandradeo Thakur Resident of Pakri Jalal, P.O. - Subhankarpur, P.S. - Kanti, District- Muzaffarpur. 10.

Dr. Manoj Kumar Son of Mankeshwar Prasad Jaiswal Asha Vihar Maripur, Flat No. 306, Phase - 3, P.S. - Kazi Mohammadpur, District- Muzaffarpur. 11.

Dr. Hari Shankar Kumar Son of Late Ram naresh Sharma Resident of Village and P.O. - Narma, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur through its Registrar.

2.

The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.

3.

The Registrar, Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.

4.

The Inspector of Colleges (Arts), Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur.

5.

National Council for Teacher Education, Hans Bhawan Wing II, Bahadurshah Zafar Marg, New Delhi - 110002 through its Member Secretary.

6.

The Member Secretary, National Council for Teacher Education, Hans Bhawan Wing II, Bahadurshah Zafar Marg, New Delhi - 110002. 7.

The Eastern Regional Committee (ERC) of the National Council for Teacher Education, G - 7, Sector - 10, New Delhi 110075 through its Regional

2/4 Director.

8.

The Regional Director, National Council for Teacher Education, Eastern Regional Committee, G - 7, Sector - 10, New Delhi 110075. 9.

Mahant Darshan Das Mahila College Muzaffarpur (A Constituent Unit of B.R.A. Bihar University, Muzaffarpur) through its Principal in - Charge. 10.

The Principal In - Charge, Mahant Darshan Das Mahila College Muzaffarpur (A Constituent Unit of B.R.A. Bihar University, Muzaffarpur). 11.

Prof. (Dr.) Kanu Priya, Designated Prof. In- charge, Mahant Darshan Das Mahila College, Muzaffarpur (A Constituent Unit of B.R.A. Bihar University, Muzaffarpur).

12.

Dr. Mousumi Choudhari Designated Head of Department (B.Ed.), Mahant Darshan Das Mahila College Muzaffarpur (A Constituent Unit of B.R.A. Bihar University, Muzaffarpur).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Respondent/s :

Mr. Sanjeev Kumar, Advocate Mr. Sunil Kumar Singh, Advocate Mr. Vivekanand Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2025 Heard the learned counsel for the petitioners and learned counsel for the respondents.

2. The present writ application is filed for the following reliefs:

"i. For issuance of an appropriate Writ in the nature of certiorari for quashing the Appointment Notice as published in the daily newspaper dated 5thof March 2022 by which Applications have been invited from eligible candidates for appointment on four posts of Perspective in Education and eight posts in Pedagogy subjects (Math, Science, Social Science, Language) in Mahant Darshan Das Mahila College,

3/4 Muzaffarpur (A Constituent Unit of B.R.A. Bihar University, Muzaffarpur)as per NCТЕ norms 2014 and amendment notification no. 237 dated 9th of June 2017.

ii. For issuance of an appropriate Writ in the nature of Mandamus commanding the Respondents to not to disturb the appointment of the Petitioners as they have been appointed in accordance with law and their services have been duly approved by the Respondent University as submitted in the prescribedFormat by the Affiliating Body i.e. Babasaheb Bhimrao Ambedkar University, Muzaffarpur before the Eastern Regional Committee of National Council For Teacher Education.

iii. For issuance of an appropriate Writ directing the Respondents to produce the decision by which it has been decided to initiate the selection process for appointment on the post of the petitioners and after production of the same, a Writ in the nature of certiorari be issued for quashing the same.

iv. For any other relief/s for which the Petitioner is entitled in the eye of law and in the facts and circumstances of the case."

3. A supplementary affidavit has been filed on behalf of the petitioners in which it is stated that in view of the subsequent developments and the acceptance of the faculty list as submitted before the Appellate Authority by the college, the

4/4 impugned advertisement has lost its relevance and has no force in eye of law and as such it is now for the College to publish the aforesaid Advertisement for appointment on two vacant post of Assistant Professor in Mathematics and Social Science.

4. Considering the submission made in paragraph no. 12 of the supplementary affidavit, the present writ application stands disposed of as having become infructuous. (Anjani Kumar Sharan, J) aditya/- U