Dr. Ajoy Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5132 of 2017 ====================================================== Dr. Ajoy Kumar Son of Late Ram Narayan Das, Resident of Kham Villa, Adarsh Colony, Khadi Bhandar, P.O.- Ramna, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

B.R. Ambedkar Bihar University, Muzaffarpur through its Registrar. 3.

Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur. 4.

Registrar, B.R. Ambedkar Bihar University, Muzaffarpur. 5.

Dr. Jagannath Mishra College, Muzaffarpur through the Secretary of its Governing Body.

6.

Secretary, Governing Body, Dr. Jagannath Mishra College, Muzaffarpur. 7.

Principal, Dr. Jagannath Mishra College, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinav Srivastava, Sr. Advocate :

Md. Tauseef Kumar, Advocate :

Mr. Akshat Kumar, Advocate For the Respondent/s :

Mr. Madanjeet Singh, Gp-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 27-11-2025 Heard learned Senior Counsel for the petitioner, learned counsel for the Respondent-University and learned counsel for the Respondent-State.

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

3. In the present writ application, the petitioner has prayed for the grant of following reliefs:- "(i) Issuance of a direction, order or writ, including writ in the nature of mandamus

2/5 commanding the concerned respondent authorities under the Dr. Jagannath Mishra College, Muzaffarpur (hereinafter referred to as "the College") as well as B.R. Ambedkar Bihar University, Muzaffarpur (hereinafter referred to as "the University") to take steps towards placing the matter of the petitioner before the Selection Committee for recommendation for regularisation/validation of his services against the post of Assistant Professor in Commerce in the services of the College as per the provisions contained under section 57A (6) of the Bihar State Universities Act:

(ii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the College as well as University to take steps towards regularising the services of the petitioner against the post of Assistant Professor in Commerce at the College while taking into account the services rendered by

3/5 the petitioner ever since his initial appointment and joining against the post of Lecturer in Commerce at the College on 15/03/1990, (iii) Issuance of a declaration holding that the petitioner is entitled for being considered for recommendation by the Selection Committee constituted in terms of the provisions contained under section 57A (6) of the Bihar State Universities Act for recommendation of his case for regularisation of his services against the post of Lecturer in Commerce at the College on the basis of his initial appointment against the said post by the Governing Body/Ad hoc Committee of the College in accordance with law, (iv) Any other relief/reliefs that the petitioner may be found to be entitled to in the facts and circumstances of the present case."

4. Learned Senior Counsel for the petitioner submits that for seeking the reliefs as claimed for in the present writ application, the petitioner has already filed a representation

4/5 before the Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur (Respondent No. 3) dated 27.02.2017 (Annexure12) and the same continues to be pending. Learned Senior Counsel for the petitioner submits that the petitioner would be satisfied if an appropriate direction could be issued to the Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur (Respondent No. 3) to dispose of his representation on merit after giving an opportunity of hearing to the petitioner, by passing a reasoned and speaking order.

5. To this prayer being made by the learned Senior Counsel for the petitioner, the learned counsel for the Respondent-State and learned counsel for the RespondentUniversity do not have any objection.

6. Considering the limited nature of prayer being made by the learned Senior Counsel for the petitioner, this writ application is disposed of directing the Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur (Respondent No. 3) to dispose of the pending representation of the petitioner dated 27.02.2017 (Annexure-12) on merit within a period of six weeks from the date of production of a copy of this order after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order which shall be passed by the Vice

5/5 Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur (Respondent No. 3) should be a reasoned and speaking order.

7. With the aforesaid observation and direction, the present writ application is disposed of. All pending Interlocutory Applications, if any, will be deemed to have been disposed of. (Alok Kumar Sinha, J) Gaurav Sinha/- U