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Patna High CourtCWJC/5275/2014allowed

Dinesh Chandra Yadav v. The State Of Bihar And ORS

2016-08-04Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5275 of 2014 =========================================================== Dinesh Chandra Yadav S/O Late Lattar Yadav, resident of Village- Bhadaur, P.S.- Deodha, District- Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Higher Education, Government of Bihar, Patna

2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna

3. The L.N. Mithila University through its Registrar, Kameshwar Nagar, Darbhanga

4. The Vice Chancellor, L.N. Mithila University, Kameshwar Nagar, Darbhanga

5. The Registrar, L.N. Mithila University, Kameshwar Nagar, Darbhanga

6. The Principal, D.B. College, Jainagar, District- Madhubani .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. SUBODH KUMAR JHA For the Respondent State: Mr. Prabhat Ranjan Singh, AC to AAG-15 For L N M University : Mr. Santosh Kumar Jha =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 04-08-2016 The issue is regularization of the petitioner under the University i.e. L N Mithila. Relevant order under challenge is Annexure-20 dated 25/11/2007. The order in question is a mechanical order because a readymade order has been prepared with regard to such reliefs by the University and only the name and details of the individual employee are filled therein. It cannot be a case of application of mind and the same kind of situation does not subsist or persist in every case. In view of the above, the order contained in Annexure-20 is quashed. Writ application is allowed.

However, liberty is given to the University authorities to pass a fresh order within a period of three months, after giving an opportunity of hearing to

Patna High Court CWJC No.5275 of 2014 dt.04-08-2016 the petitioner and considering the materials which may be available with the petitioner or the University authorities.

(Ajay Kumar Tripathi, J) R.K.Pathak/- AFR/NAFR NAFR CAV DATE Uploading Date 04/08/2016 Transmission Date