Biswajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15476 of 2014 ====================================================== Beauti Kumari W/o Late Bishwajeet Kumar, resident of MohallaMohaddipur, P.O.-Munger, P.S.- Kashim Bazar, District-Munger ... ... Petitioner

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Higher Education Department, Govt. of Bihar, Patna 3.

Tilka Manjhi Bhagalpur University, Bhagalpur through its Registrar null null 4.

The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur 5.

The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur 6.

The Pro-vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur 7.

The Principal, J.R.S. College, Jamalpur, Munger null ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghwendra Sharan Pandey, Advocate :

Mr. Somesh Kumar, Advocate For the State :

Mr. Ajay Kumar, AC to GP 4 For the University :

Mr. Amit Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-10-2023

1. Heard learned counsel for the petitioner and learned counsels for the respondents.

2. The petitioner has filed the instant application for directing the respondent university to regularise the service of the petitioner against the vacant and sanctioned class-IV post and to send recommendation in this regard to the Secretary, Higher Education Department, Government of Bihar. The original petitioner having died during pendency of the instant application, by order dated 12.10.2023 passed in this case, he

Patna High Court CWJC No.15476 of 2014(5) dt.31-10-2023 2/3 was substituted by his wife.

3. Further on account of the split of the Tilka Manjhi Bhagalpur University, the JRS College Jamalpur, Munger with which the original petitioner was associated coming under the newly formed Munger University time was granted to the petitioner to file an application for adding the Munger University as a party respondent. Learned counsel for the petitioner submits that the petitioner was unable to file the aforesaid application on account of illness of the newly substituted petitioner.

4. In view of the order that the Court proposes to pass, the Court does not thinks it necessary to keep the instant application pending.

5. Having heard learned counsel for the parties and having perused the material on record, this application stands disposed of giving liberty to the newly substituted petitioner to file an appropriate application for the relief sought for in the instant application before the Registrar, Munger University under which the JRS College Jamalpur, Munger now comes under. In case the representation is filed within a period of four weeks, the same shall be decided by the Registrar, Munger University by a reasoned order within a period of three months

Patna High Court CWJC No.15476 of 2014(5) dt.31-10-2023 3/3 from the date of its filing.

6. It is made clear that the Court has not made any observation on the merits of the case of the petitioner herein and the same shall be decided by the Registrar, Munger University.

7. It is further observed that in case the petitioner is aggrieved by the order disposing of her representation by the Registrar, Munger University or not passing any order, the petitioner will be at liberty to move the Court with an appropriate application.

8. The application stands disposed of.

(Partha Sarthy, J) ajay/- U