Abhishek Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11491 of 2025 ====================================================== Abhishek Kumar Son of Surendra Singh Resident of Gandhi Nagar, Behind of S.D.O. Colony Block Road, Masaurhi, Police Station- Masaurhi, DistrictPatna. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Communications, Department of Posts, Government of India, New Delhi. 2.

The Secretary, Ministry of Science and Technology, Government of India, New Delhi.

3.

The Chairman, National Institute of Technology, Patna. 4.

The Director, National Institute of Technology, Patna. 5.

The Registrar, National Institute of Technology, Patna. 6.

The Chief Post Master General, Department of Posts, Patna Circle, Patna, Bihar.

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

For the Petitioner/s :

Mr.Santosh Kumar Singh, Advocate For the Respondent/s :

Mr. Y. V. Giri, Sr. Advocate Mr. Sanjay Kr. Giri, Advocate Mr. Mritunjay Harsh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-07-2025 Heard Mr. Santosh Kumar Singh, learned counsel appearing on behalf of the petitioner; Mr. Y. V. Giri, learned Senior Counsel along with Mr. Sanjay Kr. Giri and Mr. Mritunjay Harsh, learned counsel for the respondents.

2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:- "That the present writ petition is being filed for direction to the Respondents to accept the application of the petitioner who had applied for the post of Assistant Professor Grade-II (On contract) vide Advertisement No.NITP/Rect./01/2025 dated 03.04.2025 applied on 09.04.2025 online and gave proper opportunity to face the

Patna High Court CWJC No.11491 of 2025(2) dt.22-07-2025 2/3 selection procedure."

3. Learned counsel appearing on behalf of petitioner informs that last date for receiving of hard copy of application form of Assistant Professor was 30.04.2025 and the petitioner had sent on 14.04.2024 the hard copy of the application form by post but he had already filed online on 09.04.2025. However, due to postal delay, the same reached the office of the Registrar, NIT, Patna on 03.05.2025, after the last date of receiving of hard copy, i.e., 30.04.2025. Learned counsel submitted that law in this regard is well settled by the Apex Court that due to delay and laches on part of the Postal Department, the petitioner should not suffer. He further submitted that the petitioner has already filed a detailed representation before the Registrar, NIT and as per his knowledge, date for counselling has not been fixed as yet and only grievance left is that the petitioner may be allowed to appear in the counselling.

4. Having considered the grievance of the petitioner, I find that it is pre-mature to exercise the jurisdiction. The petitioner has already taken steps to ventilate his grievance before the Registrar, NIT and in such circumstances, he may request the Registrar to allow him to appear in the counselling on any date fixed by him.

Patna High Court CWJC No.11491 of 2025(2) dt.22-07-2025 3/3

5. It is made clear that in case the petitioner don't fulfill the eligibility criteria then in that case also, the petitioner is required to be informed forthwith.

6. The writ petition is, accordingly, disposed of. (Purnendu Singh, J) Sanjay/- U