Kapildeo Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15603 of 2021 ====================================================== 1.
Kapildeo Bharti Son of Late Ram Naresh Giri Resident of Village- Chourasi Mathia, P.S.- Suryapura, District- Rohtas.
2.
Sateyendra Prasad Singh Son of Krishnanand Singh Resident of VillageGarh Nokha ward No. 11, PS. Nokha, District- Rohtas. 3.
Most. Satyabhama Devi Wife of Ram Pravesh Mishra Resident of VillageWard No. 12, Garh Nokha, P.S. Nokha, District- Rohtas. 4.
Bachan Ray Son of Ram Adhar Rai Resident of Village- Khairahi, P.S.- Panch Pokhari, District- Rohtas.
... ... Petitioner/s
Versus
1.
The State of Bihar Through the Principal Secretary, Cum Commissioner, Human Resources Department (Higher Education) Government of Bihar, Patna.
2.
The Director Higher Education, Government of Bihar, Patna. 3.
The Vice Chancellor Veer Kunwar Singh University, Ara. 4.
The Registrar Veer Kunwar Singh University, Ara. 5.
The Secretary Sree Ishwar Dayal Bhagavat Prasad Singh College, Garh Nokha (Rohtas).
6.
The Principal Sree Ishwar Dayal Bhagavat Prasad Singh College, Garh Nokha.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Varun Kumar, Advocate For the Respondent/s :
Mr. Jitendra Kr. Roy 1 (Sc13) For the University :
Mr. Rajesh Pd. Chaudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-08-2025 Heard learned counsel appearing on behalf of the petitioners; learned counsel for the State and the University.
2. Petitioners have inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:- (a) To issue an appropriate writ order/orders or direction including a writ in the nature of mandamus for
Patna High Court CWJC No.15603 of 2021(3) dt.01-08-2025 2/3 direction to the concerned authority to make dues payment of grant of aid for the year 2008-09 at the post of Demonstrator in the light of notification of Government of Bihar in the light of judgment of Supreme Court and as given payment at the post of Demonstrator for the year 2007-2008 by the college of the petitioners and for payment of salary at the post of Demonstrator from 2009 from internal source and the grant sanction by the State of Bihar. (b) To issue an appropriate writ, order or direction to the concerned authority as petitioner is found entitled to."
3. Learned counsel appearing on behalf of the petitioners submitted that Vice-chancellor of the University may be directed to redress the grievance of the petitioner, as has been prayed for in the writ petition.
4. The power of vice-chancellor is contained in Section 10 of the Bihar State University Act. Section 35 of the Bihar State University Act relates to state government's power to sanction the post. It is admitted that the post has been sanctioned, as has not been denied by the State in the counter affidavit filed on behalf of the respondents no.1 and 2, duly sworn by the Deputy Director, Higher Education.
5. This Court has no alternative than to direct the Vice-chancellor of the University to exercise his power on the basis of the records available in respect of the college, namely, I.D.B.P. Singh College, Garh Nokha, District, Rohtas and redress the grievance of the petitioners well within a period of six weeks from the date of communication of this order.
Patna High Court CWJC No.15603 of 2021(3) dt.01-08-2025 3/3
6. The writ petition stands disposed of.
(Purnendu Singh, J) Sanjay/- U