Baidyanath Mukhiya v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1746 of 2021 ====================================================== Baidyanath Mukhiya Son of Lachho Mukhiya, Resident of Village - Kharrakh Sarso, P.S. Pandoul, District - Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar, through its Principal Secretary of Education Department, Bihar, Patna.

2.

The Vice Chancellor Lalit Narayan Mithila University, Darbhanga. 3.

The Registrar Lalit Narayan Mithila University, Darbhanga. 4.

The Principal M.R.M College, Lalbagh Darbhanga. 5.

Sumirta Devi Wife of Girendra Mohan Prasad Mahtha, at present posted as IVth grade employee in M.R.M College Lalbagh P.S. Darbhanga Town, District - Darbhanga.

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

For the Petitioner/s :

Mr.Sanjeev Kumar Jha, Adv.

For the State :

Mrs. Binita Singh, SC-28, Mr. Nishant Kumar Jha, AC to SC-28 For LNMU :

Mr. Nadim Seraj, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 20-06-2022 The case is being taken up from defect side.

Learned counsel for the petitioner is directed to submit the original petition along with attested affidavits and also remove all the defects pointed out by the Registry within two weeks from today.

The petitioner prays for directions to be issued to the respondents to conduct enquiry on the basis of a representation made by one Baidyanath Mukhiya relating to appointment of one Smt. Sumitra Devi. The representation was made on 25th

Patna High Court CWJC No.1746 of 2021(2) dt.20-06-2022 2/2 April, 2020.

The writ petition does not disclose as to what further process was conducted on the said representation and the petitioner simply prays for directing the authorities to set aside the illegal appointment of respondent no.5. Question regarding legality and illegality of appointment of respondent no. 5 alleged to have been made on the basis of impersonation is a matter require to be examined on facts. The writ petition for such purpose would not lie. The remedy lies elsewhere. The writ petition is accordingly dismissed.

(Sanjeev Prakash Sharma, J) Pravinkumar/- Item No. 9 U