Santosh Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14862 of 2021 ====================================================== Santosh Kumar Suman Son of Kailash Prasad, Village and P.O. and P.S. - Sonbarsa, District - Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar, Patna.

2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Higher Education, Patna.

4.

Veer Kuwar Singh University, Ara through its Registrar. 5.

The Vice - Chancellor, Veer Kuwar Singh University, Ara. 6.

The Registrar, Veer Kuwar Singh University, Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh, Adv.

For the University Mr. Rajesh Prasad Choudhary, Adv.

For the Respondent/s :

Mr. Madanjeet Kumar (Gp20) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-09-2024 Heard learned counsel for the parties.

2. The present writ petition has been filed for the following relief:

"(i) For commanding the respondents to regularize the service of petitioner on the post of computer operator/Assistant Typist in Veer Kunwar Singh University, Ara from the date of initial appointment.

(ii) For quashing the order contained in Memo No. 1009/Esta/114 dated 24.11.2014 passed by the Vice-Chancellor of the said University whereby and whereunder petitioner claim for regularization has been rejected.

Patna High Court CWJC No.14862 of 2021(5) dt.10-09-2024 2/3 (iii) For grant any other reliefs for which petitioner is entitled in the facts and circumstances of the case."

3. A counter affidavit has been filed on behalf of the University in which in para-6 and 7 it is stated that during pendency of this writ petition, the University sought legal opinion from the retainer advocate of the University. The conclusion of the opinion is as follows:- "Taking into consideration the decision of Apex Court in Vinod Kumar's case (Supra) and the direction given by Hon'ble Patna High Court in the case of Gauri Shankar Sharma's case (Supra) replying on the decision of Apex Court in Vinod Kumar's case I am of the considered opinion that the cases of Sri Suman for absorption/regularization is required to be considered in the light of above judgments and he may be regularized.

4. It is further stated in the counter affidavit that after receipt of aforesaid opinion it was placed before the ViceChancellor who passed order on 09.08.2024 to put up this matter before the Syndicate.

5. Considering the facts and circumstances of the case and the fact that the matter is pending before the Syndicate, this

Patna High Court CWJC No.14862 of 2021(5) dt.10-09-2024 3/3 writ petition is disposed of.

6. It is expected that the Syndicate will pass the order in accordance with law within three months.

(Anjani Kumar Sharan, J) devendra/- U