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Patna High CourtCWJC/5490/2017disposed

Brij Kishore Singh v. The State Of Bihar And ORS

2025-09-09Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5490 of 2017 ====================================================== Brij Kishore Singh Son of Shree Bhikhari Singh, Resident of MohallaKrishna Nagar, Chinee Mill, Bikramganj, Ward No.14, P.O. P.S., Bikramganj District-Rohtas, PIN Code-802212 BIhar ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Veer Kuwar Singh University, Ara through its Registrar, 3.

Vice-Chellor, Veer Kuwar Singh University, Ara, 4.

Registrar, Veer Kuwar Singh University, Ara, 5.

Principal, A.S.College, Bikramganj, Rohtas 6.

Shri Arun Kumar Singh Son of Late Sudama Singh, Resident of VillageDhawan P.O. Burgadih, P.S. Bikramganj, District-Rohtas, at Present Pasted as the Post of Laboratory Incharge, A.S, College, Bikramganj at Rohras, PIn Code-802212 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sinha For the Respondent/s :

Smt. Shilpa Singh-Ga12 :

Mr. Apurva Kumar, Ac to Ga12 For the University :

Mr. Arabind Nath Pandey, Adv.

For the Respondent No. 6 :

Mr. Sanjay Kumar Verma, Adv.

:

Mr. Omkar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-09-2025

1. Heard the parties.

2. The petitioner has filed the present writ application in the nature of quo-warranto claiming that respondent no. 6 is having no qualification and valid appointment letter to hold the post of Laboratory Incharge in the subject of Chemistry at A.S. College, Bikramganj, Rohtas.

3. Mr. Abdul Manan Khan, learned counsel for the petitioner submits that question of locus standi does not come in the writ of quo-warranto. The petitioner has filed the present writ application on the ground that respondent no. 6 is having no

Patna High Court CWJC No.5490 of 2017(5) dt.09-09-2025 2/2 authority to hold the post of Laboratory Incharge in the College.

4. Learned counsel for the respondent no. 6 submits that petitioner was duly appointed after advertisement and following the due process of appointment and is rightly holding the post of Laboratory Incharge in the aforesaid College.

5. Learned counsel for the University submits that Three Men Committee was constituted by the Vice-Chancellor and report of the Committee was submitted vide Annexure R/2 of the counter affidavit filed by the University. Subsequently, thereafter, the Vice-Chancellor has passed the order placing the matter before the Syndicate.

6. Having heard learned counsel for the parties and taking into consideration the nature of dispute, the ViceChancellor of the University is directed to take a decision on the claim of the petitioner after giving opportunity of hearing to the petitioner as well as respondent no. 6. It is expected that final decision shall be taken by the Vice-Chancellor within a period of five months.

7. The writ application stands disposed with the aforesaid direction.

(Anil Kumar Sinha, J) HarshPandey/- U