Dr.Ved Prakash v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15211 of 2010 ====================================================== DR. VED PRAKASH S/O LATE LALCHAND RETD. READER AND HEAD OF THE DEPARTMENT (HISTORY), S.G.G.S. COLLEGE, PATNA CITY, HAVING HIS PRESENT ADDRESS AT 403, NASHEMAN APARTMENT, SALIMPUR AHRA, SOUTH GANDHI MAIDAN, P.S.- GANDHI MAIDAN, DISTT.- PATNA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

MAGADH UNIVERSITY, THROUGH ITS REGISTRAR, BODH GAYA, GAYA 3.

THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA, GAYA 4.

FINANCE OFFICER, MAGADH UNIVERSITY, BODH GAYA, GAYA ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Choudhary For the State :

Mr. Jay Prakash Sharma, AC to GP 21 For the University :

Dr Kumar Amitesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date : 19-09-2017 Heard counsel for the petitioner.

Since there is no assistance on behalf of Magadh University despite several adjournments granted earlier in a writ application of 2010, the Court is not inclined to adjourn the matter despite a prayer made on behalf of the Magadh University. It is noted that the petitioner was appointed as a Lecturer in History as far back as 1st of August, 1964. No doubt, in terms of Annexure-2, dated 18.12.1987, temporary promotion was granted subject to confirmation by Bihar State Universities Service (Constituent Colleges) Commission, no decision seems to have

Patna High Court CWJC No.15211 of 2010 dt.19-09-2017 2/2 been taken. Further, it emerges that the petitioner was an appointee of a college, which was taken over in 4th phase. If the status of the petitioner has not been clarified or recommended by the Agrawal Commission in its report relating to the college, the entitlement of the petitioner cannot be independent of the said recommendation. The Vice Chancellor of the University is directed to take a decision on the issue by verifying the position and status of the petitioner within a period of three months of production of a copy of this order. It is made clear that if the time frame is not adhered to this time, the Vice Chancellor will be personally held responsible for defiance of the Court's order. Writ stands disposed of in terms of the above direction. (Ajay Kumar Tripathi, J) sk AFR/NAFR NAFR CAV DATE NA Uploading Date 20.09.2017 Transmission Date NA