Shiv Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16450 of 2021 ====================================================== 1.

Shiv Kumar Prasad Son of Chandra Mani Prasad Resident of VillageMathpar, P.O.- Murgawan, P.S.- Silao, District- Nalanda. 2.

Harihar Prasad Singh Son of Late Shiv Bharat Singh Resident of VillageShahmal Khaira, P.O.- Balthari, P.S.- Kochas, District- Rohtas. 3.

Pintu Kumar Singh Son of Late Haridwar Singh Resident of VillageShahmal Khaira, P.O. Balthari, P.S.- Kochas, District- Rohtas. 4.

Ajit Kumar Patel Son of Late Shyam Bihari Singh Resident of VillageSatasa, P.O.- Balthari, P.S.- Kochas, District- Rohtas. 5.

Ramashray Singh Son of Jiva Nandan Singh Resident of VillageMaudihara, P.O.- Douan, P.S.- Karghar, District- Rohtas. 6.

Ram Muni Singh Son of Late Deo Bachan Singh Resident of VillageShahmal Khaira, P.O.- Balthari, P.S. Kochas, District- Rohtas. 7.

Ramta Rai Son of Harihar Rai Resident of Ward No.10, Shantinagar, P.S. Kochas, District- Rohtas.

8.

Babudhan Singh Son of Late Suchit Singh Resident of Village- Indrahiyan, P.O.- Karup Indrahiyan, P.S.- Sasaram, District- Rohtas. 9.

Vijay Kumar Mandal Son of Late Bhola Singh Resident of Near Shiv Mandir, Khairi, P.O. Khairi, P.S. Laheri, District- Rohtas. 10.

Sona Devi Wife of Late Ram Sakal Singh Resident of Near Shiv Mandir Khairi, P.O. Khairi, P.S. Kaheri, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Govt. of Bihar, New Secretariat, Patna. 2.

The Director, Higher Education, Govt. of Bihar, New Secretariat, Patna. 3.

The Vice Chancellor, Veer Kunwar Singh University, Ara. 4.

The Registrar, Veer Kunwar Singh University, Ara. 5.

The Principal, Schidanand (S.N.) College, Shahmal Khairadeo, Balthari, Karghar, Rohtas.

6.

The Principal, H.D. Jain College, Ara.

7.

Suman Kumar Jha, the then Lower Division Dealing Clerk (Estab), Veer Kunwar Singh University, Ara.

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Respondent/s :

Mr.Prabhakar Jha (Gp27) For the University :

Mr. Rajesh Prasad Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

Patna High Court CWJC No.16450 of 2021(3) dt.06-05-2025 2/3 ORAL ORDER 06-05-2025 Heard learned counsel appearing on behalf of the petitioners; learned counsel for the State and learned counsel for the University.

2. Petitioners have inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:- "(A) Issuance of writ in the nature of mandamus commanding the respondents to delist the name of the petitioners from the list of 129 employees and some compassionate appointees prepared and send by the V.K.S.U. to the State Govt. in the light of Letter No.1666 dated 21.08.2015 issued by the Director, Higher Education, Bihar, Patna as because the petitioners are legal appointees since long with all consequential benefits till August 2017.

(B) The Respondents be directed to bifurcate the legal and illegal appointments by way of terms and conditions for the same like advertisement, joining/working, payment of salary and other consequential benefits, attendance/working period and after death of father their son employed on compassionate ground, then send the list. (C) The respondents further be directed not to complicate the issue/harass the petitioners to save their skin by way of mixing legal-illegal, regular-irregular employees and subsequently their dependent sons who have been appointed on compassionate ground.

(D). To grant such other relief/reliefs for which the petitioners are entitled too."

3.Considering the relief as prayed for in the present writ petition, the petitioner may avail appropriate remedy before the Registrar of the University by filing a detailed

Patna High Court CWJC No.16450 of 2021(3) dt.06-05-2025 3/3 representation, which shall be considered and disposed of by him/her in accordance with law by passing a reasoned order, preferably within a period of six weeks from the date of communication of this order.

4. The writ petition, accordingly, stands disposed of. (Purnendu Singh, J) Sanjay/- U