Dr. Jagannath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7437 of 2026 ====================================================== Dr. Jagannath Prasad Son of Late Dhupan Prasad, Resident of Flat No. 302, Maa Jageshwari Tower, Phase-II, Mahatma Gandhi Nagar, Kanti Factory Road, P.O. Bahadurpur Housing Colony, P.S. Agamkuan, District Patna, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Government of Bihar, Old Secretariat, Patna- 800015.

2.

The Principal Secretary, Education Department, Government of Bihar, New Secretariat, Patna- 800015.

3.

The Vice-Chancellor, Patlipuira University, Old Bypass Road, Kankarbagh, Patna - 800020.

4.

The Registrar, Patliputra University, Old Bypass Road, Kankarbagh, Patna800020. 5.

The Finance Officer, Patliputra University, Old Bypass Road, Kankarbagh, Patna- 800020.

6.

The Principal, Ramakrishna Dwarika College, Lohia Nagar, Kankarbagh, Patna - 800020.

7.

The Station House Officer, Kankarbagh Police Station, District Patna, Bihar800020. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parth Sarthy, Adv Ms. Priya Raj, Adv For the State :

Mr. Manoj Kumar Ambastha, SC (26) Mr. Santosh Kumar Mishra, AC to SC 26 For the P.P.U.

:

Mr. P.K. Verma, Sr. Adv Mr. Rabi Bhushan Prasad, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 24-06-2026 Heard learned counsel for the petitioner, learned counsel for the respondent-Patliputra University and learned counsel for the respondent-State.

2. With the consent of the parties, this writ application is being disposed of at this stage itself.

2/4

3. In the present writ application, the petitioner has prayed for the grant of following reliefs:

"(i) Issuance of a direction(s)/order(s)/writ(s) in the nature of Mandamus, commanding the Respondents to forthwith issue No Objection Certificate (NOC) in favour of the Petitioner for joining the post of Principal at Munger University, without insisting upon disposal of the pending criminal case;

(ii) Issuance of a direction(s)/order(s)/writ(s) declaring that denial of No Objection Certificate (NOC) solely on the basis of pendency of a criminal case, in absence of any conviction or departmental finding of guilt, is illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India;

(iii) Issuance of a direction(s)/order(s)/writ(s) restraining the Respondents from creating any obstruction or impediment in the Petitioner's joining to the post of Principal at Munger University on the basis of the pending criminal case;

(iv) Issuance of any other

3/4 appropriate writ(s), order(s), or direction(s) that this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

4. After advancing some argument, learned counsel for the petitioner submits that for seeking the aforesaid reliefs, the petitioner has already filed a representation dated 13.03.2026 (Annexure-P/11) before the Vice-Chancellor of the Patliputra University and the same continues to be pending. He, therefore, prays that an appropriate direction be issued to the Vice-Chancellor of the Patliputra University to dispose of the pending representation of the petitioner within a fixed time frame, after giving an opportunity of hearing to the petitioner.

5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for the respondent-State and learned counsel appearing for the respondent-University do not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of directing the Vice-Chancellor of the Patliputra University to dispose of the pending representation of the petitioner dated 13.03.2026 (Annexure-P/11) within three months from the date of production of a copy of this order by

4/4 the petitioner, after giving an opportunity of hearing to the petitioner. In case, the petitioner is found entitled to the relief which he has claimed through the representation, the same should be granted to the petitioner or otherwise a reasoned and speaking order be passed as to why the relief being claimed by the petitioner cannot be granted.

7. With the aforesaid observation/direction, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J) kiran/- U