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Patna High CourtMJC/4247/2016disposed

Smt. Sati Sinha And ANR v. The State Of Bihar Through Its Shri R. K. Mahajan, Principal Secretary, Education Department, Bihar

2019-08-22Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 4247 of 2016 ====================================================== 1.

Smt. Sati Sinha, wife of Dr. B. K. Azad, resident of Professors' Colony, P.S.- Kazi Mohammadpur, P.O.- Muzaffarpur, District- Muzaffarpur. 2.

Prabhu Sharan Verma, Son of Yatindra Nath Verma, resident of MohallaBara Lane, Kalyani, P.S.- Town, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Shri R. K. Mahajan, Principal Secretary, Education Department, Bihar, Patna.

2.

Dr. Pandit Palande, Vice Chancellor, B. R. Ambedkar Bihar University, Muzaffarpur.

3.

Dr. Ratnesh Mishra, Registrar, B. R. Ambedkar Bihar University, Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinav Srivastava, Advocate For the BRA Bihar University :

Mr. Rakesh Kumar Singh, Advocate For the State :

Mr. Rakesh Kumar Singh, AC to AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-08-2019 Heard learned counsel for the petitioners; learned AC to AAG 15 for the State and Mr. Rakesh Kumar Singh, learned counsel for the BRA Bihar University (hereinafter referred to as the 'University').

2. From the materials on record, the Court finds that the order dated 09.07.2012 passed in CWJC No. 6526 of 2007, stands complied with as payments have also been made to the petitioners.

3. However, learned counsel for the petitioners pointed out that the amounts of admitted dues furnished by the college,

Patna High Court MJC No.4247 of 2016 dt.22-08-2019 2/3 what has actually been paid to them is much less, despite the State Government releasing the full amount.

4. On such plea, learned counsel for the University drew the attention of the Court to the stand taken in the 3rd supplementary show cause filed on its behalf today. It was submitted that the University has verified from its records and the difference is on account of either attendance records or payment already received by the petitioners.

5. Be that as it may, the Court would require the University to furnish detailed calculation chart of payments admitted and made to the petitioners under each head to be furnished to them within two weeks from today. Upon the same being done, it shall be open to the petitioners to file a detailed representation before the Registrar of the University along with all supporting documents they may have in their possession to establish that the calculation suffers from factual error(s).

6. If such a representation is filed within four weeks from furnishing of the calculation charts, the Registrar of the University shall get the same verified from the records and pass a reasoned order thereon within four weeks thereafter. If it transpires that there have been errors in the calculation made by the

Patna High Court MJC No.4247 of 2016 dt.22-08-2019 3/3 University and further payments are due to the petitioners, the same shall be paid to them within the next three weeks.

7. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T