Abhay Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.230 of 2014 IN Civil Writ Jurisdiction Case No. 15424 of 2013 ===========================================================

1. Abhay Kumar Singh Son Of Kameshwar Pd. Singh Resident Of Village Ruphara, P.S. Shikarganj, District - East Champaran .... .... Appellant/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna

3. The Magadh University, Bodh Gaya through its Vice Chancellor

4. The Registrar, Magadh University, Bodh Gaya .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Rajesh Kumar For the State : Mr. Durgesh Nandan, AAG 14 Mr Umesh Kumar, AC to AAG 14 For the University : Mr K.N.Singh, Sr. Advocate Mr Vipin Kumar Mr Nirmal Kumar Sinha =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 24-03-2017 Heard counsel for the appellant, learned senior counsel for the University as well as the State.

Learned Single Judge has taken note of the simple fact that the appointment has been made by an authority not competent or vested with power to do so. This can be culled out from reading of Section 10 (6) of the Bihar State Universities Act, 1976. The submission of the appellant that there was advertisement and due process followed was an eyewash and a sham.

Patna High Court LPA No.230 of 2014 dt.24-03-2017 2/2 No process is going to justify a decision by an authority, who was not vested with the power to take a decision. Dismissal of the writ application, therefore, is in order. No interference is warranted. Appeal is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) sk AFR/NAFR NAFR CAV DATE NA Uploading Date 25.3.2017 Transmission Date NA