Saheb Raut v. B. R. A. Bihar University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17351 of 2015 ====================================================== Saheb Raut, Son of Rajaram Raut, Resident of Village and P.O. Adhkaparia, P.S. - Ramgadhwa, District - West Champaran.

... Petitioner/s

Versus

1. B. R. A. Bihar University, Muzaffarpur through its Registrar.

2. The Vice Chancellor, B.R.A. Bihar University, Muzaffarpur.

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

4. The Finance Officer, B.R.A. Bihar University, Muzaffarpur.

5. The Principal, Ram Lakhan Singh Yadav College, Bettiah, District West Champaran, a constituent unit of B.R.A. Bihar University, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Shankar Singh, Advocate For the Respondent/s :

Mr. Arvind Nath Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 20-12-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the University.

2. The grievance of the petitioner in the instant case is that although, the petitioner is regularly working after appointment in the erstwhile college made constituent in 4th phase, but while issuing letter No. 25C his case was not properly considered and his name does not figure in letter no. 25C.

3. He submits that the documents available on the record would indicate that University has acknowledged the fact that the petitioner is regularly working and there are post available to accommodate the petitioner. He further submits that similar circumstance other out of 25 persons have been accommodated by the University and the case of this petitioner has not been

Patna High Court CWJC No.17351 of 2015 dt.20-12-2018 2/2 considered as yet.

4. Considering the aforesaid, the instant writ petition is disposed of with direction to the University to examine whether the petitioner was appointed prior to the date of the college in question was made constituent and whether the petitioner has the requisite qualification for appointment on the post and further whether there is post available for consideration of the case for absorption of the petitioner or not. If similarly circumstanced other have been accommodated and absorbed and if there exists post for absorption, the respondent may examine the case of the petitioner and extend the similar treatment in view of 2011 litigation policy.

5. Necessary decision in this regard may be taken by respondent University within a maximum period of four months from the date of receipt/production of a copy of this order.

6. With the aforesaid the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) uday/- AFR/NAFR NA CAV DATE NA Uploading Date 21.12.2018 Transmission Date