Umesh Kumar Karjee v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4259 of 2018 ====================================================== Umesh Kumar Karjee Son of Late Pandit Yamuna Karjee, Resident of Hunkar Press, New Market, Patna, Post Office- G.P.O., P.S. Patna Kotwali, DistrictPatna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Higher Education, Government of Bihar, Patna. 4.

Baba Saheb Bhim Rao Ambedkar, Bihar University, Muzaffarpur through the Registrar.

5.

The Vice Chancellor, Baba Saheb Bhim Rao Ambedkar, Bihar University, Muzaffarpur.

6.

The Registrar, Baba Saheb Bhim Rao Ambedkar, Bihar University, Muzaffarpur 7.

The Professor-in-charge, Pandit Yamuna Karjee Jyoti College, Bagahi Kharauna, P.O. Dholi, P.S. Sakr ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 4598 of 2019 ====================================================== Umesh Kumar Karjee Son of Late Pandit Yamuna Karjee Resident of Hunkar Press, New Market, Patna, Post Office- G.P.O., P.S.- Patna Kotwali, DistrictPatna ... ... Petitioner/s

Versus

1.

Baba Saheb Bhim Rao Ambedkar, Bihar University and Ors Muzaffarpur through the Vice Chancellor 2.

The Vice Chancellor, Baba Saheb Bhim Rao Ambedkar, Bihar University, Muzaffarpur 3.

The Registrar, Baba Saheb Bhim Rao Ambedkar, Bihar University, Muzaffarpur 4.

The Principal, Pandit Yamuna Karyee Jayanti College, Bagahi Kharauna, P.O.- Dholi, P.S.- Sakra, District- Muzaffarpur 5.

Smt. Priyanka Kumari Daughter of Sri Pranay Kumar Mishra Resident of Village and P.O. Hasanpur Bagahi, P.S. Sakra, District- Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 4259 of 2018) For the Petitioner/s :

Mr. S.B.K. Mangalam, Adv.

Ms. Anita Kumari, Adv.

For the Respondent/s :

Mr. M.P. Yadaw- GP23 For the University :

Mr. Nikhil Kumar Agrawal, Adv.

Mr. Yasah Sahay, Advocates.

For Intervenor :

Mr. Suman Kumar, Advocate.

(In Civil Writ Jurisdiction Case No. 4598 of 2019)

Patna High Court CWJC No.4259 of 2018(10) dt.26-04-2023 2/3 For the Petitioner/s :

Mr. S.B.K. Mangalam, Ms. Anita Kumari, Advocates.

For the Respondent/s :

Mr.Vikas Ratan Bharti, Adv.

For BRA University :

Mr. Indrajesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-04-2023 Mr. Mangalam, learned counsel for the petitioner submits that petitioner in I.A. Nos. 03/2022 and 01/2023 is pursuing his right being a donor member in his own capacity. Therefore, the substitution petition ( I.A. Nos. 03/2022 and 01/2023) filed by applicant for substitution in the present writ application may not be proper and he wants to withdraw the I.A applications with liberty to file a separate writ application claiming his individual right.

He next submits that since the main writ petitioner has died, the present writ application has become infructuous. Learned counsel for the University submits that in the present writ application the erstwhile writ petitioner had challenged the constitution of ad hoc committee. The regular committee was constituted in the year 2019 and after expiry of the tenure of regular committee, second regular committee has been constituted in 2022, accordingly, challenge to the constitution of ad hoc committee has become infructuous. Be that as it may, since the writ petitioner has died, this writ application is dismissed as abated and the I.A. applicant is

Patna High Court CWJC No.4259 of 2018(10) dt.26-04-2023 3/3 permitted to withdraw the Interlocutory Applications bearing Nos. 03/2022 and 01/2023 with liberty to pursue his remedy independently in accordance with law.

(Anil Kumar Sinha, J) perwez U