Ashok Kumar Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17345 of 2013 ======================================================

1. Ashok Kumar Sinha Son Of Late Surya Kant Prasad Resident Of N/35, Jhunjhun Mehal Road, New Yarpur, P.S. Gardanibagh, District - Patna .... .... Petitioner/s

Versus

1. The State Of Bihar, Through The Principal Secretary, Education Department, Govt. Of Bihar, Patna

2. The Additional Secretary, Education Department, Govt. Of Bihar, Patna

3. The Joint Secretary, Education Department, Govt. Of Bihar, Patna

4. The Director, Higher Education, Education Department, Govt. Of Bihar, Patna

5. The Law Secretary, Department Of Law, Govt. Of Bihar, Patna

6. The Patna University Through The Registrar, Ashok Raj Path, Patna

7. The Vice Chancellor, Patna University, Patna

8. The Registrar, Patna University, Patna

9. The Finance Officer, Patna University, Patna

10. The Principal, Patna Science College, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Rajesh Kumar Verma For the Respondent/s : Mr. Ranjeet Kumar,A.C. to P.AA.G. For the respondents : Mr.Digvijay Singh and Mr. B.J.Jha ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 01-05-2015 The petition is filed challenging the constitutional validity of certain provisions of the Patna University (Amendment and Validation) Act,2012.

Heard Mr.Rajesh Kumar Verma, learned counsel for the petitioners, Mr. Digvijay Singh, learned counsel for the University and Mr.Ranjeet Kumar, J.C. to P.A.A.G.

Patna High Court CWJC No.17345 of 2013 (2) dt.01-05-2015 2 / 2 Both the counsel have brought to our notice that the constitutional validity of certain provisions of the very Act was challenged in C.W.J.C.No. 4395 of 2013 batch and through judgment dated 06.01.2014 this Court dismissed the writ petitions. It is also brought to our notice that Special Leave to Appeal (Civil) Nos. 9234-9237/2014 are pending before the Hon'ble Supreme Court against the said common judgment of the High Court, referred to above, and that an ad interim order was passed to the effect that the appellants therein shall not be reverted from the post held by them at the relevant time.

In view of this, the writ petition is dismissed, but we direct that the petitioners herein shall not be reverted till the disposal of aforesaid S.L.P.Nos. 9234-9237/2014 pending before the Hon'ble Supreme Court.The nature of the steps to be taken against them would depend upon the purport of the order, which the Supreme Court may pass.

(L. Narasimha Reddy,CJ) B.Roy/- (Sudhir Singh, J) U