Shiv Nath Kumar Yadav And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11025 of 2017 ====================================================== 1.

Shiv Nath Kumar Yadav and Ors son of Anil Yadav, resident of VillageFarahi, P.O.- Khaira, Police Station- Narpatganj, District- Araria. 2.

Rahul Chauhan son of Rama Chauhan, resident of Village- Dholbajja, Police Station- Farbisganj, District- Araria.

3.

Nirmal Kumar Pandey son of Late Rajanand Pandey, resident of Village P.O.- Dholbajja, Police Station- Farbisganj, District- Araria. 4.

Kaushal Pandey, son of Haribansh Pandey, resident of Village P.O.- Dholbajja, Police Station- Farbisganj, District- Araria. 5.

Dharmendra Marik son of Mangan Marik, resident of Village P.O.- Dholbajja, Police Station- Farbisganj, District- Araria. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors Through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Director, Higher Education, Govt. of Bihar, Patna. 3.

The Vice- Chancellor, B.N. Mandal University, Madhepura, DistrictMadhepura, Bihar. 4.

The Registrar, B.N. Mandal University, Madhepura, District- Madhepura, Bihar.

5.

The Principal, Farbisganj College, Farbisganj, District- Araria. 6.

The Vice - Chancellor, Purnia University, Purnea. 7.

The Registrar, Purnia University, Purnia ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Pd. Singh, Sr. Adv.

Mr.Santosh Kumar Verma, Adv.

For the Respondent/s :

Mr. Umesh Narayan Dubey, AC to GP-27 For Purnea University :

Mr. Maurya Vijay Chandra, Adv.

For B.N.M.U.

:

Ms. Aditi Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 31-01-2026 Heard learned Senior Counsel appearing for the petitioners, learned counsel appearing for B.N. Mandal University, learned counsel for Purnea University and learned counsel appearing for respondents-State.

Patna High Court CWJC No.11025 of 2017(9) dt.31-01-2026 2/3

2. After advancing some argument, learned senior counsel appearing for the petitioners submits that in light of the recent judgments of the Hon'ble Supreme Court passed in case of Dharam Singh & Ors. vs. State of U.P. & Anr. in Civil Appeal No.8558 of 2018 and of this Court in the case of Madhwi Jha & Ors. vs. The Patna University & Ors. vide CWJC No.18289 of 2015 and other analogous writ application, the petitioners wants to file a fresh representation before the Vice Chancellor, Purnea University. He further submits that if such a representation is filed by the petitioners an appropriate direction be issued to the Vice Chancellor, Purnea University to dispose of the same within a fixed time frame, after giving an opportunity of hearing to the petitioners.

3. To the aforesaid prayer being made by learned counsel for the petitioners, the respondent parties do not have any objection, if directed by this Court.

4. Considering the limited nature of prayer being made by learned senior counsel for the petitioners, this writ application is disposed of granting liberty to the petitioners to file a fresh representation before the Vice Chancellor of Purnea University within one month from the date of passing of this order, and if such a representation is filed, the same shall be

Patna High Court CWJC No.11025 of 2017(9) dt.31-01-2026 3/3 disposed of by the Vice-Chancellor of Purnea University within a further period of six months from the date of filing of the representation, after giving an opportunity of hearing to the petitioners. Needless to emphasize that the final order which shall be passed by the Vice-Chancellor of the Purnea University should be a reasoned and speaking order. It is further made clear that in case the petitioners are found entitled to the relief, which they would be claiming through the representation, the same should be extended to them within a further period of three months from the date of passing of the final order by the Vice-Chancellor of the Purnea University

5. With the aforesaid observation and direction and liberty as granted, the present writ application stands disposed of. Pending I.As, if any will be deemed to have been disposed of (Alok Kumar Sinha, J) Prakash Narayan U