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Patna High CourtCWJC/12053/2021disposed

Manju Yadav v. The State Of Bihar

2025-03-24Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12053 of 2021 ====================================================== Manju Yadav W/o Late Braj Nandan Yadav, resident of Village- Nemua, P.S.- Udakishanganj, District- Madhepura, presently working as Routine Clerk, R.L. College, Madhav Nagar, Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The Director, Department of Higher Education, Government of Bihar, Patna. 3.

The Vice- Chancellor, B.N. Mandal University, Madhepura. 4.

The Vice- Chancellor, Purnea University, Purnea. 5.

The Registrar, B.N. Mandal University, Madhepura. 6.

The Registrar, Purnea University, Purnea.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra, Advocate Mr.Pawan Kumar, Advocate For the Res.

:

Mr.Rakesh Kumar Samrendra, Advocate For BNLU :

Mr.Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-03-2025 Heard Mr. Pramod Mishra along with Mr. Pawan Kumar, learned counsel appearing on behalf of the petitioner; Mr. Rakesh Kumar Samrendra, learned counsels for the respondents and Mr. Ritesh Kumar, learned counsel for B.N. Mandal University.

2. In the present writ petition, the petitioner has prayed for compassionate appointment on the ground that her husband, namely, Late Braj Nandan Yadav, has died in harness on 02.08.1996 while working as Lab Incharge (Botany) in R.L. College, Purnea since 09.12.1982, which was being governed

Patna High Court CWJC No.12053 of 2021(7) dt.24-03-2025 2/3 by the private management and the petitioner was appointed on compassionate ground on 13.02.1999 as Routine Clerk in B.N. Mandal University and, thereafter, the said B.N.Mandal University was bifurcated and a new University, namely, Purnea University has been created w.e.f. 18.03.2018. However, the present writ petition is devoid of the facts as to whether the husband of the petitioner was appointed in R.L.College, Purnea. There is also no information in respect of the date of constituent of the College. From perusal of Annexure '3' of the writ petition, which contains a list of class III employees, it appears that the matter relating to 31 constituent colleges was the subject matter before the Hon'ble Supreme Court in the case of State of Bihar Vs. Bihar Rajya M.S.E.S.K.K. Mahasangh and a one Man Committee was constituted by the the Apex Court.

3. In view of the development, claim of the petitioner for being considered to be appointed on compassionate ground can not be considered by this Court, however, the petitioner may represent before the Registrar of the University through the Principal of the College along with all the requisite papers relating to her late husband and the letter of her compassionate appointment. The report of Hon'ble (retired) Justice S.C.Agrawal Commission is required to be considered so that

Patna High Court CWJC No.12053 of 2021(7) dt.24-03-2025 3/3 her grievance may be considered and the Registrar of the University is directed to redress her grievance within a period of six weeks from the date of filing of her application, in accordance with law.

4. With the above observation/direction, the present writ petition stands disposed of.

(Purnendu Singh, J) chn/- U