Dr. Mrs. Kanchan Sinha And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17758 of 2013 ======================================================

1. Dr. (Mrs.) Kanchan Sinha Wife Of Late Dr. Braj Mohan Kumar Resident Of Mohalla- Mahatma Gandhi Nagar, Anand Path, Kankarbagh, P.S.- Agam Kuan, District- Patna

2. Dr. Jai Hind Pandit Son Of Late Payare Lal Pandit Resident Of Pitambar Madir Colony, P.S.- Alamganj, 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 Head Of The Department Of Ancient Indian History Archaeology, Patna University Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. RajeshKumar Verma For the University : Mrs. Soni Srivastava For the respondents : Mr.Ranjeet Kumar, J.C. to P.A.A.G ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 01-05-2015 This writ 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

Patna High Court CWJC No.17758 of 2013 (2) dt.01-05-2015 2 / 2 petitioners, Mrs.Soni Srivastava, learned counsel for the University and Mr.Ranjeet Kumar, J.C. to P.A.A.G. 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.

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