Dr. Ajay Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9301 of 2026 ====================================================== Dr. Ajay Kumar Jha son of Late Mahendra Narayan Jha, Resident of MohallaBank Colony, P.O.-Lakshmisagar Kabir Chak, P.S.- Darbhanga Sadar, DisttDarbhanga. Presently working as Assistant Professor, Department of History, M.R.M. College, Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Education Department, Govt. of Bihar, New Secretariat Patna. 2.

The Additional Chief Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.

3.

The Vice-Chancellor, Jai Prakash University, Chapra. 4.

The Registrar, Jai Prakash University, Chapra. 5.

The Finance Officer, Jai Prakash University, Chapra. 6.

The Vice Chancellor L.N. Mithia University, Darbhanga. 7.

The Registrar, L.N. Mithia University, Darbhanga. 8.

The Finance Officer, L.N. Mithia University, Darbhanga. 9.

The Principal M.R.M. College, Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh For the Respondent/s :

Mr. Madhu Sudhan Rai, AC to SC-23 Mr. Bindhyachal Rai Mr. Chandan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 02-07-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The instant writ application has been filed for the following reliefs:- (i) For directing the respondent to grant promotion to the rank of Lecturer (Senior Scale) w.e.f. 24.09.2007 to the petitioner under Career Advancement Scheme (CAS) approved by the Hon'ble Chancellor vide

2/4 letter No.BSU-B/2005-1715/ GS(I) dated 29.06.2025 with all consequential benefits.

(ii) For any other relief to which the petitioner is found entitled.

2. Learned counsel for the petitioner submits that the petitioner was appointed as Lecturer in the subject of History on 24.09.2003 on the recommendation of the Bihar State University (Constituent Colleges) Service Commission. Pursuant thereto, the University issued a letter of appointment vide Memo No. 32 dated 24.09.2003 issued by the Registrar. It is the case of the petitioner that after appointment, the petitioner was posted at Ganga Singh College, Chapra, in the Department of History and, accordingly, he submitted his joining before the Principal of the said college on 07.11.2003.

3. It is further submitted that the petitioner discharged his duties to the satisfaction of the concerned authorities and his service record was all along excellent. On 11.06.2008, the Syndicate, in its meeting, confirmed the services of all those teachers who had been appointed on the recommendation of the Bihar State University (Constituent Colleges) Service Commission and, accordingly, confirmed the service of the petitioner. It is the case of the petitioner that despite the Statute for the Career Advancement Scheme having been implemented

3/4 w.e.f. 27.07.1998 and the same having been approved by the Hon'ble Chancellor vide Letter No. BSU-8/2005-1715/GS(I) dated 29.06.2005, under which a Lecturer who has completed six years of regular service, with relaxation of one year and two years, respectively, for those possessing M.Phil. and Ph.D. qualifications, and holding a substantive appointment on the post of Lecturer in accordance with the Act and the Statute, and who has participated in one Orientation Course and one Refresher Course of such approved duration as may be specified by the UGC, with satisfactory performance and appraisal reports, becomes eligible for promotion, the case of the petitioner has not been considered for unexplained reasons.

4. It has next been submitted that a detailed representation has already been filed before the University for consideration, which is appended to the writ application as Annexure-P/11 series, but no order has yet been passed.

5. On the other hand, learned counsel for J.P. University submits that an appropriate direction may be issued to the University to consider the claim of the petitioner within a fixed timeline.

6. Considering the stand of the parties, this Court directs the petitioner to file a fresh representation in

4/4 continuation of the earlier representation, along with a copy of this order and other relevant documents, before the competent authority. Upon filing of such representation, the ViceChancellor, J.P. University shall examine the claim of the petitioner with reference to the documents placed on record and the records maintained by the University. The case of the petitioner shall be placed before the Selection Committee in terms of the Career Advancement Scheme and, if the claim of the petitioner is found justified, necessary orders for promotion shall be issued and all consequential benefits shall be paid by completing the entire exercise within a period of three months from the date of receipt of the representation.

7. With the aforesaid observations and directions, the instant writ application stands disposed of.

(Ajit Kumar, J) shikha/- U