Sheo Chandra Sah And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18748 of 2012 ======================================================
1. Sheo Chandra Sah S/O Late Lakhan Sah Professor Incharge, Nalanda Sodh Sansthan Evam Mahavidyalay Nai Sarai, Station Road, Bihar Sharif, Nalanda, Resident Of Mohalla- Patel Nagar, Soh Sarai, P.S- Soh Sarai, District- Nalanda.
2. Alham Ahmad S/O Late Isral Ahmad Resident Of MohallaKharadi Bihar Sharif, P.S- Bihar, District- Nalanda, Presently Working As Lecturer, Department Of Political Science In Nalanda Sodh Sansthan Evam Mahavidyalay Nai Sarai, Station Road, Bihar Sharif, Nalanda.
3. Asutosh Prasad S/O Late Ram Chandra Mahto Resident Of Mohalla- Rampur, Baignabad, Bihar Shrif, P.S- Bihar, DistrictNalanda, Presently Working As Librarian In Nalanda Sodh Sansthan Evam Mahavidyalay Nai Sarai, Station Road, Bihar Sharif, Nalanda.
4. Sahdeo Prasad S/O Late Chamari Mahto Resident Of Mohalla Narsaliganj, Naisarai, Bihar Sharif, P.S- Bihar, DistrictNalanda, Presently Working As Head Of Department Of Chemistry In Nalanda Sodh Sansthan Evam Mahavidyalay Nai Sarai, Station Road, Bihar Sharif, Nalanda.
5. Shyam Kishore Prasad S/O Late Munshi Mahto Resident Of Mohalla- Sathopur, P.S- Deepnagar, District- Nalanda, Presently Working As Clerk In Nalanda Sodh Sansthan Evam Mahavidyalay Nai Sarai, Station Road, Bihar Sharif, Nalanda. ... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Human Resources Development Department, Government Of Bihar, Patna.
3. The Secretary, Human Resources Development Department, Government Of Bihar, Patna.
4. The Deputy Secretary, Human Resources Development Department, Government Of Bihar, Patna.
5. The Director, Higher Education, Human Resources Development Department Government Of Bihar, Patna.
6. The District Magistrate, N Alanda At Bihar Sharif.
7. The Magadh University Through Its Registrar, Bodhgaya.
8. The Vice Chancellor, Magadh University, Bodhgaya.
9. The Registrar, Magadh University, Bodhgaya.
10. Finace Officer, Magadh University, Bodh Gaya.
11. Branch Manager, Syndicate Bank, Baradari, Khandak Road, Bihar Sharif, Nalanda, P.S- Bihar, District- Nalanda.
12. Saryug Prasad @ Saryu Prasad S/O Late Govind Sah Resident Of MohallaAmber, Bihar Sharif, P.S- Bihar, District- Nalanda, Described As Secretary Of The Ad Hoc Committee Of The College Namely Nalanda Sodh Sansthan Evam Mahavidyalay Nai Sarai, Station Road, Bihar Sharif, Nalanda.
13. Sri Rakesh Ranjan Prasad S/O Saryug Prasad Resident Of Mohalla Amber, Bihar Sharif, P.S- Bihar, District- Nalanda, Described As Incharge, Principal,
Patna High Court CWJC No.18748 of 2012(4) dt.11-10-2018 2/2 Nalanda Sodh Sansthan Evam Mahavidyalay Nai Sarai, Station Road, Bihar Sharif, Nalanda.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harish Kumar For the Respondent/s :
Mr. Rishiraj Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-10-2018 In view of the judgment of Apex Court in the case of Sirsi Municipality vs. Cecelia Kom Francis Tellis: AIR 1973 SC 855 reiterated in Vaish Degree College Vs. Lakshmi Narain:AIR 1976 SC 888, the issue raised in the present writ application cannot be adjudicated. However, liberty shall be available to the petitioners to avail common law remedy by way of filing suit or the forum available under notification no. 972 dated 19.5.2015 i.e. under Bihar Anudanit Shikshan Sansthan Pradhikar Niyamawali, 2015.
With the aforesaid, the writ petition stands disposed of.
(Anil Kumar Upadhyay, J) Ravi/- U