Uday Raj Uday v. Dr. Usha Vidyarthi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.638 of 2025 In Civil Writ Jurisdiction Case No.9240 of 2025 ====================================================== Uday Raj Uday Son of Ramnath Sharma, resident of Village and PostAmnara, P.S.- Amraha IIT, District- Patna, presently posted as Professor Incharge, Mahila College, Khagaul, Patna.

... ... Appellant/s

Versus

1.

Dr. Usha Vidyarthi Wife of Umesh Kumar Vidyarthi, Resident of Defence Colony, 140, Near Tempoo Stand, Kankarbagh, P.S.- Kankarbagh, DistrictPatna - 800020. 2.

The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Chancellor of Universities, Bihar, Raj Bhawan, Patna. 4.

The Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

5.

The Principal Secretary to Governor Cum Chancellor, Raj Bhawan, Patna. 6.

The Vice Chancellor, Patliputra University, Patna. 7.

The Registrar, Patliputra University, Patna.

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

For the Appellant/s :

Mr. Kinkar Kumar, Advocate Mr. Sunil Kumar Karn, Advocate For the Chancellor :

Mr. Amish Kumar, Advocate For the State :

Mr. AC to AAG -13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 09-01-2026 The Letters Patent Appeal has been filed by the appellant Dr. Uday Raj Uday, who was the respondent no. 7 in the writ petition, challenging the order dated 12.06.2025 of the learned Single Judge passed in C.W.J.C. No. 9240 of 2025.

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2. The Respondent No.1 Dr. Usha Vidyarthi filed the writ petition with the following prayer:

I. For issuance of appropriate writ / orders / directions for quashing of the notification as contained therein the Memo No.

R/PPU/858/25 dated 04.06.2025 whereby Shri Uday Raj Uday has been appointed as Prof. In-Charge in Mahila College, Khagaul in complete disregard of the seniority of the petitioner.

II. For issuance of appropriate writ / orders / directions to stay the operation of the Memo No. R/PPU/858/25 dated 04.06.2025 during the pendency and till the disposal of instant application.

III. For issuance of appropriate writ / orders / directions to Respondent to take action and pass a speaking order on the representation dated 09.06.2025 filed by the petitioner within a period of 3 weeks.

IV. For any other consequential relief or reliefs to which the Petitioner is entitled in the facts and circumstances of the case during the course of hearing of the instant writ petition."

3. The learned Single Judge after considering the submission made by the learned counsel for the Respondent No.

3/4 1 Dr. Usha Vidyarthi and the learned counsel appearing for the Respondent Nos. 6 and 7 has been pleased to quote in paragraph no. 5 in its entirety as follows :

"Considering the submissions made by learned counsel for the parties, I feel it expedient to request the learned Chancellor to dispose the appeal preferred by the petitioner, in accordance with law and as early as possible. It is pertinent to mention here that until the appeal is disposed by Hon'ble Chancellor, the impugned order dated 04.06.2025, annexed as Annexure-P/4 to the writ application shall be kept in abeyance."

4. The learned counsel for the appellant fairly submits that he has no objection for disposal of the appeal, as was directed by the learned Single Judge by the Hon'ble Chancellor, but he is aggrieved by the order passed by the learned Single Judge to keep the impugned order dated 04.06.2025 in abeyance till the disposal of the appeal.

5. When we made a query to the learned counsel for the Chancellor regarding the status of the appeal, it is brought to our notice that the hearing has already commenced on 10.12.2025. The first hearing has been made and the matter is still sub-judice before the Hon'ble Chancellor. The relevant letter produced by the learned counsel for the Hon'ble

4/4 Chancellor is taken on record.

6. Learned counsel for the appellant further requests that necessary order be passed for early disposal of the appeal. We find that there is no inordinate delay and the matter is still under consideration. As such, no such order is required to be passed in that connection.

7. Since we find no perversity in the impugned order and there is limited scope of interference by this Court in this Letters Patent Appeal, the appeal stands dismissed.

8. Pending application(s), if any, shall also stand disposed of.

(Sangam Kumar Sahoo, CJ) (Sudhir Singh, J) shailendra/- AFR/NAFR CAV DATE NA Uploading Date 15.01.2026 Transmission Date NA