Yogeshwar Prasad Yadav v. The State Of Bihar And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5842 of 2013 In Civil Writ Jurisdiction Case No. 2317 of 2007 ====================================================== Yogeshwar Prasad Yadav @ Yugeshwar Pd. Yadav S/O - Late Mungeshwar Prasad Yadav R/O Village - Bank, P.S. - Moffassil, District - Munger .... .... Petitioner/s

Versus

1. The State of Bihar through Mr. Amarjeet Sinha, the Principal Secretary H.R.D. Department, Govt. Of Bihar, Patna

2. Mr. Nelamuj Kishore Verma, Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur

3. Md. Tahir Hussain, Registrar, Tilka Manjhi, Bhagalpur University, Bhagalpur

4. Dr. Dev Raj Suman, Principal, Jagjiwan Ram Sramik Mahavidyalay Jamalpur, Munger .... .... O.P./s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar Singh, Advocate.

For the O.P/s :

Mr. Nirbhay K.Singh, GP 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 01-05-2015 Heard learned counsel for the parties.

2. Having regard to the fact that the opposite parties have already disposed of the representation of the petitioner rejecting the claim of his promotion on the post of Library Assistant, the petitioner will now have to take remedial action as may be permissible in law.

3. That being so, this contempt application has become infructuous and is, accordingly, dismissed.

4. Before parting with, this Court, in view of its order dated 25.03.2015, must take into note the effort made by the

Patna High Court MJC No.5842 of 2013 (5) dt.01-05-2015 2/2 present Registrar of the University, as explained in his supplementary show cause enclosing documents and statistics to show that an effort on war footing was made for sending statement of facts in the pending contempt cases and writ applications before this Court. Such laudable effort, however, could only be of any real purpose, if the learned counsel, to whom the statement of fact has been sent, also had taken trouble to draft and file the show cause reply/counter affidavit, which may actually enable this Court to dispose of these pending cases of the university.

5. Be that as it may, this Court would only remind the Registrar of the University that sending statement of facts is not alone going to serve the purpose unless he also monitors the filing of show cause reply/counter affidavit in the pending cases and at the same time keeps on making some sort of similar efforts also in future as with regard to filing of show cause and/or counter affidavit either in the contempt application or in the writ applications pending before this Court.

(Mihir Kumar Jha, J) Sujit/- U