Chandrawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.393 of 2022 In Civil Writ Jurisdiction Case No.2537 of 2022 ====================================================== Chandrawati Devi wife of Late Vishwanath Prasad Singh, Resident of Village Panwari, P.S. Sikarhatta, District - Bhojpur, Ara presently residing at Panwari Kothi, Sheoganj, P.S. Ara Town, District- Bhojpur. ... ... Appellant/s
Versus
1.
The State of Bihar through Principal Secretary, Department of Education, Government of Bihar, Patna.
2.
The Principal Secretary, Department of Education, Government of Bihar, Patna.
3.
The Veer Kunwar Singh University, Ara through its Registrar, Ara. 4.
The Vice Chancellor, Veer Kunwar Singh University, Ara. 5.
The Registrar, Veer Kunwar Singh University, Ara. 6.
The Secretary, Governing Body, Sant Tridandi Swami Manas College, Panwari, Bhojpur.
7.
Kaushal Kumar Singh son of late Rajendra Prasad Singh, resident of Village Panwari, P.S. Skarhatta, District -Bhojpur.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Ravi Ranjan, Advocate Mr.Ashutosh Kumar, Advocate For the Respondent/s :
Mr.Ram Vinay Pd. Singh, AC to GA12 For the University :
Mr.Rajesh Pd. Chaudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 14-02-2025 Re:I.A. No. 01 of 2024 Heard I.A. No. 01 of 2024, there is a delay of about 2 months and 19 days. For the reasons stated in application read with affidavit, delay of 2 months and 19 days in filing LPA is condoned. Accordingly, I.A. No. 01 of 2024 stands allowed.
Patna High Court L.P.A No.393 of 2022(7) dt.14-02-2025 2/3
2. With the consent of the learned counsels LPA is heard. Appellant has assailed the order of the learned Single Judge dated 13.04.2022 passed in CWJC No. 2537 of 2022. Perusal of the records, we have noticed that appellant unnecessary assailed the giving status as a donor to 7th Respondent - Kaushal Kumar Singh instead of seeking direction to consider her name as a donor with reference to eligibility to the extent that she has donated on two occasions. In other words, writ petition has not been drafted appropriately. Ultimate grievance of the appellant is that she is also entitled to have the benefit of treating her as one of the donor on par with Kaushal Kumar Singh.
3. In this regard, appellant instead of filing representation/application to the concerned authority college or university she issued a legal notice. Therefore, from the inception the appellant has not properly invoke remedy for the purpose of seeking status as donor. Accordingly, appellant is permitted to approach the concerned authority while submitting application/representation while pointing out that there is a discrimination insofar as declaration of donor on par with Kaushal Kumar Singh. If such representation is submitted the concerned authority shall pass suitable order within a reasonable
Patna High Court L.P.A No.393 of 2022(7) dt.14-02-2025 3/3 period of time. Whatever the observation is made by the learned Single Judge in CWJC No. 2537 of 2022 decided on 13.04.2022 would not be a hurdle for the concerned authority to re-visit the grievance of the appellant and redress the same at the earliest.
4. With above observation, the present LPA No. 393 of 2022 stands disposed of.
(P. B. Bajanthri, J) ( Sunil Dutta Mishra, J) abhishekkr/- U