Anish Kumar v. State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10414 of 2021 ====================================================== 1.
Anish Kumar Son of Sri Chandeshwari Yadav Resident of Ward No- 06 Raybhir, P.S. and District- Madhepura.
2.
Vikas Kumar Son of Sri Kundan Prasad Yadav Resident of VillageBabhangama, P.S.- Sukhasan, District- Madhepura. 3.
Brajesh Kumar Resident of Ward No. 2 Sahugarh, P.S. and DistrictMadhepura. ... ... Petitioner/s
Versus
1.
State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
Principal Secretary, Education Department, Government of Bihar, Patna. 3.
B.N. Mandal University, Laloo Nagar, Madhepura, through its Registrar. 4.
Vice Chancellor, B.N. Mandal University, Laloo Nagar, Madhepura. 5.
Registrar, B.N. Mandal University, Laloo Nagar, Madhepura. 6.
Principal, H.S. College, Udakishunganj, Madhepura. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binodanand Mishra, Advocate Mr. Sandeep Kumar, Advocate Mr. Gunjan Kumar Jha, Advocate Ms. Ankita Tripathi, Advocate For the State :
Mr. Subhash Chandra Mishra, SC-16 For the University :
Mr. Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-03-2025 Heard Mr. Binodanand Mishra, learned counsel appearing on behalf of the petitioners; Mr. Subhash Chandra Mishra, learned SC-16 appearing on behalf of the State and Mr. Ritesh Kumar, learned counsel for the B.N. Mandal University.
2. The petitioners in paragraph no. 1 of the present writ petition have sought inter alia following relief(s), which is reproduced hereinafter:
Patna High Court CWJC No.10414 of 2021(5) dt.20-03-2025 2/3 "i. For issuance of an order direction or writ including writ in the nature of mandamus commanding the Respondents to regularize the service of petitioners on sanctioned and vacant nonteaching class-III & IV post in H.S. College, Udakishunganj, Madhepura.
ii. For issuance of an order direction or writ including writ in the nature of mandamus commanding the Respondents to make payment of unpaid arrears as well as current salary the Petitioners month to months regularly.
iii. For any other relief(s) to which the Petitioners may be found entitled in the facts and circumstances of the present case."
3. Learned counsel appearing on behalf of the petitioners seeks to pursue remedy before the Registrar of the University for the relief(s) as prayed for in the present writ petition in light of law laid down by the Apex Court in the case of Secretary State of Karnataka & Ors. vs. Umadevi & Others reported in (2006) 4 SCC 1, and recent law laid down by the Apex Court in the case of Jaggo Vs. Union of India & Ors. (SLP (C) No. 5580 of 2024), reiterating the law laid down in Vinod Kumar and Ors. Etc. Vs. Union of India & Ors., reported in (2024) 1 S.C.R. 1230 and in Shripal & Anr. vs. Nagar Nigam, Ghaziabad (Civil Appeal Nos. 8158-8179 of 2024).
4. The authority concerned is directed to consider the case of the petitioner in light of the aforesaid judgments of the Hon'ble Supreme Court and redress the grievance of the
Patna High Court CWJC No.10414 of 2021(5) dt.20-03-2025 3/3 petitioner as prayed for in the present writ petition well within a period of six weeks from the date of communication of this order, without fail.
5. Accordingly, the present writ petition stands disposed of.
(Purnendu Singh, J) Niraj/- U