Abhilash Kumar Dutta And ORS. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.6428 of 2012 ======================================================

1. Abhilash Kumar Dutta son of Sri Madaneshwar Nath Dutta, resident of village - Barauni, P.S.- Teghara, District Begusarai.

2. Subhas Chandra Rai, son of Late Ram Deo Rai, resident of village - Haivatpur (Basudevpur) P.S. Muffasil, District Begusarai.

3. Md. Mansoor Azm, son of Late Md. Noor Hussain, resident of village Daniyalpur, P.S. Teghra, District Begusarai.

4. Devendra Kumar Roy, son of Late Ram Nandan Mahto, resident of village - Atarua, P.S. Bhagwanpur, District Begusarai.

5. Poonam Sinha, W/o Late Rudra Narayan Singh, resident of Mohalla - House No. 39, Defence Colony, digha, P.S. Danapur, District Patna - 800012.

6. Md. Nazrul Islam, son of Late Md. Saghiruddin, resident of village - Teghra Western (Congress Office) P.S. Teghra, District Begusarai.

7. Rekha Rai, daughter of Late Dr. Ram Badan Choudhary, resident of Mohalla Tangaul Near Kadamghat, P.S. Hazipur Sadar, District - Vaishali at Hajipur.

8. Dr. Nabin Chandra Pathak, son of Late Girija Shankar Pathak, resident of village - Barauni - 2, P.S. Teghra, District Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna.

2. Sri Dr. Samrendra Pratap Singh, Vice Chancellor, Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga.

3. Sri Dr. Vijay Prasad Singh, Registrar, Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga.

4. The Special Secretary to the Governor, Governor's Secretariate Bihar, Raj Bhawan, Patna 800022 .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar, Adv. Mr. Krishna Chandra For the Respondent/s : Mr. Ajay Bihari Sinha, Adv. Mr. Upendra Kumar Singh, Adv.

Mr. Rajendra Kumar Gir, Adv.

Mr. Avinash Shekhar, AC to SC 6 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-02-2018 Heard learned counsel for the petitioner, State and learned counsel for the University.

It appears from the official communication which has

Patna High Court MJC No.6428 of 2012 (32) dt.06-02-2018 2/3 been made to the office of the Officer on Special Duty (OSD), Governor's Secretariat , Bihar, Raj Bhawan, Patna vide Memo No. LNMU/I/c (Arts & Coomm.) 16335-368/17 dated 19.09.2017, the Registrar of Lalit Narayan Mithila University has issued a notification by which 20 persons have been approved for appointment to the post of Assistant Professor in the subject mentioned against their names by the Governing Body of R.B.S. College, Teyai, Begusarai on the recommendation of a duly constituted Selection Committee vide Agenda No. 5 in its meeting held on 11.04.2017. It is, thus, submitted that the order of the writ Court has now been complied with.

Learned counsel for the petitioner, however, submits that the contents of the Annexure-5 not being on record, it is difficult for the petitioners to assess from which date they have been promoted. In response thereto, learned counsel for the University submits that the agenda itself would clarify the matter and if the petitioners are aggrieved in any manner it shall be open for them to seek appropriate legal recourse in accordance with law.

However, this Court takes serious note of the matter that though the Special Secretary to the Governor, Governor's Secretariat, Bihar, Raj Bhawan, Patna had been directed to

Patna High Court MJC No.6428 of 2012 (32) dt.06-02-2018 3/3 produce the relevant records, the records which have been produced is of the year 2017 and the recommendation of the University had been made from 2013 onwards and that the same has not been produced before this Court.

In view of the fact that now the matter has reached its finality and appointments have been made, this Court is not inclined to proceed further in the contempt matter. The contempt application, stands disposed of.

(Anjana Mishra, J) Jagdish/- U