Md.Akbar v. The Vice Chancellor , Bhupendr

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 13046 of 2011 ====================================================== Md. Akbar S/O Md. Abdul R/O Azad Nagar, Ward No.20, Mirja Galib Road, Sukla Chowk, Araria, P.S. Araria, Distt. Araria. At present posted as Lab Assistant at Araria College, Araria.

.... .... Petitioner

Versus

1. The Vice Chancellor, B.N. Mandal University, Laloo Nagar, Madhepura.

2. The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura.

3. The Principal, Araria College, Araria.

4. The Chairman, Promotion Committee, B.N. Mandal University, Laloo Nagar, Madhepura.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Bidhanesh Mishra For the Respondent/s : Mr. Manish Dhari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

02-03-2016 Heard Sri Bidhanesh Mishra, learned counsel for the petitioner and Sri Manish Dhari Singh, learned counsel who has appeared on behalf of respondent/B.N.Mandal University. The petitioner, invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, has prayed for directing the respondents to consider his case for promotion from the post of Lab Boy to Lab Incharge, on the ground that the petitioner has continuously functioned, as Lab Boy, since several years and he had also filed representation to the Registrar of the University, through the Principal, Araria College, Araria. In view of nature of relief sought for in the writ petition, instead of directing learned counsel for the University to

Patna High Court CWJC No.13046 of 2011 (3) dt.02-03-2016 2/2 get instruction and file counter affidavit, the Court proposes to dispose of the writ petition granting liberty to the petitioner to file a fresh representation to the Registrar of the University, through the Principal of the concerned college. If such representation is filed within a period of eight weeks from today, the respondent no. 2/the Registrar of the University may examine the same and pass appropriate order in accordance with law, preferably within a period of three months from the date of filing of such representation. In case of refusal also, the respondent no. 2 is required to pass a speaking order and communicate the same to the petitioner within aforesaid time.

The writ petition stands disposed of.

(Rakesh Kumar, J.) Anay U