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Patna High CourtCWJC/11870/2011disposed

Dr.Ram Gopal Singh And ORS v. The Magadh University And ORS

2016-02-03Mr. Justice Rakesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11870 of 2011 ======================================================

1. Dr.Ram Gopal Singh son of Late Sheomuni Singh Resident Of B401,Shri Apartment, Opposite State Bank Of India, Anandpuri, P.S.- S.K. Puri , District Patna

2. Dr. Ram Nath Singh son of Late Butan Singh Resident Of Navneet Housing Colony, Kali Mandir Road, Hanuman Nagar, P.S. Patrakar Nagar District Patna

3. Dr. Ramayan Prasad, son of Late Ram Swarath Singh Resident Of West Lohanipur, P.S.- Kadamkuan, District Patna .... .... Petitioner/s

Versus

1. The Magadh University , Bodh Gaya through Its Registrar

2. The Vice Chancellor, Magadh University Bodh Gaya

3. The Registrar, Magadh University Bodh Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhinav Srivastava For the Respondent/s : Mr. S.S. Sundaram ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-02-2016 Heard Sri Abhinav Shrivastava, learned counsel for the petitioners and Sri S.S. Sundaram, learned counsel for the respondent/Magadh University.

In the present writ petition three petitioners have prayed for directing the respondents to consider their cases for promotion in the rank of University Professor in terms of the statutory provisions.

It has been claimed that the petitioners are entitled to be promoted in view of the statutory provisions and a declaration for

Patna High Court CWJC No.11870 of 2011 (3) dt.03-02-2016 2/3 promotion has also been sought for, whereas on perusal of the writ petition it is evident that no representation demanding justice has been brought on record. However, Sri Shrivastava, learned counsel for the petitioners submits that they had applied on several occasions, but grievances have not been redressed. Sri S.S. Sundaram, learned counsel for the Magadh University submits that the cases of the petitioners were considered and they were not eligible for such promotion, whereas in the counter affidavit no such document has been brought on record.

In view of the nature of relief sought for in the writ petition, the court proposes to dispose of the writ petition granting liberty to petitioners to file their separate representations before the Respondent No. 3 /Registrar, Magadh University with supporting documents regarding the claim raised in the present writ petition. If such representations are filed within eight weeks from today, the Respondent No. 3 is required to examine the same and pass appropriate order in accordance with law preferably within a period of three months thereafter. If the Respondent No. 3 considers the claim of petitioners as genuine, he is required to pass necessary order in favour of the petitioners within the aforesaid time. Even in case of refusal he is required to

Patna High Court CWJC No.11870 of 2011 (3) dt.03-02-2016 3/3 pass a speaking order and communicate the same to the petitioners with the aforesaid time.

The writ petition stands disposed of.

(Rakesh Kumar, J) Praful/- U