Kameshwar Singh v. The B.R.Ambedkar Bihar Univers

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11457 of 2011 ====================================================== Kameshwar Singh son of Late Ram Bilas Singh Resident Of Village + P.O.-Kadamwa , P.S.-Ghorasahan ,District -East Champaran .... .... Petitioner/s

Versus

1. The B.R. Ambedkar Bihar University, Muzaffarpur Through Its Registrar

2. The Vice - Chancellor , B.R. Ambedkar, Bihar University , Muzaffarpur

3. The Registrar , B.R. Ambedkar Bihar University , Muzaffarpur

4. The Principal, J.L.N.M. College Ghora Sahan ,East Champaran

5. Shri Lalan Singh , son of Shri Bijli Singh resident of Village- Fulwar , P.S.-Lakhaura, District -East Champaran , Presently Working As Assistant In JLNM Collage, Ghora Sahan ,District -East Champaran .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhinav Srivastava For the Respondent/s : Mr. Rajendra Kumar Giri ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-02-2016 Heard Sri Abhinav Shrivastava, learned counsel for the petitioner and Sri Vikash Ratan Bharti, learned counsel for the respondent no. 1 to 4 / B.R.A. Bihar University. The petitioner, invoking writ jurisdiction of this court under Article 226 of the Constitution of India, has prayed for quashing of an office order dated 15.6.2011 contained in Memo No. B/2075 dated 15.6.2011 (Annexure - '12' to the writ petition). The University had taken a decision to promote the respondent no. 5 as Head Assistant in the J.L.N.M. College, Ghora Sahan, East Champaran.

It appears that after issuance of Annexure - '12' the

Patna High Court CWJC No.11457 of 2011 (4) dt.09-02-2016 2/2 petitioner has directly approached this court invoking its writ jurisdiction.

The court is of the opinion that for making a prayer for issuance of writ of mandamus firstly one must raise grievance before the authority concerned and if it is denied only then he can approach this court. In view of the facts and circumstances, the court proposes to dispose of the present writ petition granting liberty to the petitioner to file a detailed representation in respect of claims made in the present writ petition before the respondent no. 3 / Registrar , B.R.A. Bihar University. If such representation is filed within a period of eight weeks from today, the respondent no. 3 is required to examine the same and pass appropriate order in accordance with law preferably within a period of three months from the date of filing of such representation. Even in case of refusal of the claims, the Registrar, B.R.A. Bihar University is required to pass a speaking order and communicate the same to the petitioner within the aforesaid time.

(Rakesh Kumar, J) Praful/- U