← Library
Patna High CourtCWJC/15742/2019disposed

Dhananjay Kumar v. The State Of Bihar

2019-08-08Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15742 of 2019 ====================================================== Dhananjay Kumar, S/o Kapildeo Parasad Singh, Resident of Sakuntala Niwas,South Dhelwan,PO Dhelwan,PS Ram Krishnagar ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary,Department of Education,Govt. of Bihar,Patna 2.

The Principal Secretary, Department of Education,Govt. of Bihar,Patna 3.

The Bihar Animal Science University, Patna through its Registrar. 4.

The Vice Chancellor, Bihar Animal Science University,Patna through its Registrar.

5.

The Registrar, Bihar Animal Science University,Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tej Bahadur Singh, Sr. Advocate Mr. Brisketu Sharan Pandey, Advocate For the Respondent/s :

Mr. Jitendra Kumar Roy 1 ( SC13 ) Mr. Hitesh Suman, AC to SC-13 For the Respondent University : Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-08-2019 Heard Mr. Tej Bahadur Singh, learned senior Advocate for the petitioner, Mr. Shailendra Kumar Singh, learned counsel appearing for the University and the counsel appearing for the State.

The petitioner seeks his appointment on the post of Store Clerk in the concerned university. The claim has been staked on the ground that his name fell in the panel which was prepared by the erstwhile Bihar Agriculture University at Sabour.

Patna High Court CWJC No.15742 of 2019(2) dt.08-08-2019 2/3 From the arguments advanced on behalf of the petitioner, this Court could understand only this much that from the panel, certain persons, who were below the petitioner were appointed. Such appointment was never challenged by the petitioner. The petitioner wants that because his name was included in the panel of the erstwhile university, his claim be considered, as such claim remained alive even when the university has changed and the position has altered altogether.

This Court is not in a position to understand the aforesaid argument.

Be that as it may, on the concession of the lawyer for the respondent university, the case of one of such persons was considered by a Bench of this Court on the ground that he had worked for several years and was not considered for being absorbed against such post. Learned Advocate for the petitioner, in the last, pleads that similar treatment be given to this petitioner also. This Court has serious reservations in giving that privilege to the petitioner; nonetheless, the representation of

Patna High Court CWJC No.15742 of 2019(2) dt.08-08-2019 3/3 the petitioner, which has been filed, ought to be disposed of by the concerned respondent.

For the convenience of the parties, the petitioner would file a fresh representation before the concerned authority, namely, the Registrar, Bihar Animal Science University, Patna (Respondent No. 3) within a period of four weeks and such representation shall be disposed of in accordance with law and the order shall be communicated to the petitioner in order to put a quietus over the issue. It is made clear that there has not been any consideration on the merits of the claim of the petitioner. With the aforesaid observation / direction, this petition stands disposed of.

(Ashutosh Kumar, J) skm/- U