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Patna High CourtMJC/1940/2016disposed

Governing Body Of Mahadeo Singh College, Bhagalpur And ANR v. The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur And ORS.

2016-12-21Mr. Justice Ajay Kumar Tripathi6 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1940 of 2016 ===========================================================

1. Governing Body Of Mahadeo Singh College, Bhagalpur through its Secretary namely Dr. Shailesh Pd. Singh, son of Late Jaideo Pd. Singh, Office of Mahadeo Singh College, Kila Ghat, Bhagalpur.

2. Dr. K.D. Prabhat, S/o Sri Shiv Yadav Pandey, Principal, Mahadeo Singh college, Kilaghat Sarai, Bhagalpur .... .... Petitioner/s

Versus

1. The Vice Chancellor,Tilka Manjhi Bhagalpur University, Bhagalpur.

2. Tilka Manjhi Bhagalpur University, Bhagalpur, through its Registrar.

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

4. Dr. Prabhakar Prasad Singh, Son of Late Jai Narayan Singh, Resident of Village+P.O.- Kodana, at & District- Bhojpur, at present working as Lecturer/Asstt. Professor (in the Department of Zoology) Mahadeo Singh College, Kilaghat Sarai,

5. Dr. Vijay Kumar, Son of Late Rakasha Singh, Resident of Village+P.O.- Onama, Sheikhopur Sarai, P.S.- District Sheikhpura at present working as Lecturer/Asstt. Professor (in the Department of Geography) Mahadeo Singh College, Kilaghat

6. Ajit Kumar Sharma, Son of Sri Ram Sharma, Resident of At +P.O.- Harpur P.S.- Shahkound, Dist.-Bhagalpur, at present working as Lecturer/Asstt. Professor (in the Department of Geography) Mahadeo Singh College, Kilaghat Sarai, Bhagalpur.

7. Ashok Kumar Sharma, Son of Sri Rajendra Sharma, Resident of Vill. Mania, P.O.-Manjhgayn, Dist. Munger at present working as Lecturer/Asstt. Professor (in the Department of Geography) Mahadeo Singh College, Kilaghat Sarai, Bhagalpur.

8. Dr. Basudha Nand Thakur, Son of Sri Brij Bihari Thakur, Resident of Vill-14, Haradevacha (Gokul Mathura), P.O.- Refatpur, P.S.- Pirpainti, Dist.- Bhagalpur, at present working as Lecturer/Asstt. Professor (in the Department of Physics)

9. Chandra Mani Pandey, Son of Sri Indra Deo Pandey, Resident of Vill- Gouripur, P.O.- Mirzachauki, P.S.-Ishipur Barahat (Pirpainti), Dist.- Bhagalpur, at present working as Lecturer/Asstt. Professor (in the Department of Psychology) Mahadeo

10. Dr. Shree Narayan sharma, Son of Late Devi Singh, Resident of VillageManiyma, P.O.- Kazisaria, P.S.-Kako, Dist.- Jehanabad, at present working as Lecturer/Asstt. Professor (in the Department of Commerce) Mahadeo Singh

11. Ashutosh Kumar, Son of Late Lakhan Lal Kumar, Resident of Indraprastha Colony(Lichi Bagan), Ishakchak, P.O- Ishakchak, P.S.- Ishakchak at Dist.- Bhagalpur. at present working as Lecturer/Asstt. Professor (in the Department of Chemistry) Mahadeo Singh College, Kilaghat Sarai, Bhagalpur.

12. Md Imran Khan, Son of Md. Idris Khan, resident of Vill+P.O.- Habibpur, At & Dist.- Bhagalpur at present working as Lecturer/Asstt. Professor (in the Department of Zoology) Mahadeo Singh College, Kilaghat Sarai, Bhagalpur.

13. Dr. Arvind Kumar Singh, Son of Shri Ramanand Singh, resident of villageNayabazar At & Dist.- Bhagalpur, at present working as Lecturer/Asstt. Professor (in the Department of Commerce) Mahadeo Singh College, Kilaghat Sarai,

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14. Dr. Ashok Kumar Singh, son of Sri Tarkeshwar Prasad Singh, Resident of Mohalla Raja S. N. Road, Behind K.K. Nursing Home, Mosakchak, DistrictBhagalpur, at present working as Lecturer/Asstt. Professor (in the Department of Commerce) Mahadeo Singh College, Kilaghat Sarai, Bhagalpur.

15. Sanjay Kumar Sinha, Son of Late Baleshwar Nath Singh, resident of MohallaPremlata Lane, Jogsar District- Bhagalpur at present working as Lecturer/Asstt. Professor (in the Department of Statistics) Mahadeo Singh College, Kilaghat Sarai,

16. Adya Prasad Singh, Son of Late Parvati Singh, resident of Village- Mania, P.O.- Manjhgain, At & District- Munger at present working as Lecturer/Asstt. Professor (in the Department of Political Science) Mahadeo Singh College, Kilaghat Sarai,

17. Dr. S.M. Aquil Ahmad, Son of Late M. Jamil Ahmad, resident of Chandni Chowk, Barahpura, At & District- Bhagalpur, at present working as Lecturer/Asstt. Professor (in the Department of Psychology) Mahadeo Singh College, Kilaghat

18. Surendra Kumar Dokania, Son of Late Sri Niwas Dokania, resident of MohallaDinasah Lane. Mundichak, Patal Babu Road At & Dist Bhagalpur. at present working as Lecturer/Asstt. Professor (in the Department of Commerce) Mahadeo

19. Sharda Nand Mishra, Son of Late Anant Mishra, resident of MohallaShyambag, P.O- Sultanganj, At & District- Bhagalpur, at present working as Lecturer/Asstt. Professor (in the Department of Commerce) Mahadeo Singh

20. Dr. Asim Kumar Singh, Son of Late Laxmi Narayan Singh, resident of Mohalla- Jogsar Burhanath Dist.- Bhagalpur at present working as Lecturer/Asstt. Professor (in the Department of Commerce) Mahadeo Singh College, Kilaghat

21. Dr. Rudra Nandan Jha, Son of Late Bhagwat Jha, resident of Mohalla- Siya Ram Nagar, P.O.- Bahadurganj, Dist. Kishanganj. at present working as Lecturer/Asstt. Professor (in the Department of Chemistry) Mahadeo Singh

22. Dr. Kumari Asha, Son of Sri Brahm Deo Prasad Singh, Resident of Viveka Nand Colony, Sarai, At & Dist.- Bhagalpur at present working as Lecturer/Asstt. Professor (Head of the Department of Chemistry), Mahadeo Singh College,

23. Dr. Abhay Kumar Pandey, Son of Late Surendra Mohan Pandey, Resident of Mohalla- Digambar Sarkar Lane, Jogsar P.O.- Bhagalpur, P.S.- Adampur Dist.- Bhagalpur, at present working as Lecturer/Asstt. Professor (in the Department of History) Mahadeo Singh College, Kilaghat Sarai, Bhagalpur.

24. Diwakar Prasad, Son of Shree S.C. Sinha, Resident of - Satsang Bhawan, S.K. Tarafdar Road, Adampur At & Dist.- Bhagalpur. at present working as Lecturer/Asstt. Professor (in the Department of Zoology) Mahadeo Singh College,

25. Dr. Rajesh Kumar Rai. Son of Sri Ravideo Narayan Rai. Resident of Vill. + P.O.- Yondour, Distt. Ghazipur, (U.P.) at present working as Lecturer/Asstt. Professor (in the Department of Ancient Indian History & Culture) Mahadeo Singh

26. Dr. Md. Qassim Son of late Abdul Rashid Resident of Mohalla - P.O.- Tatarpur, P.S.- Tatarpur, District - Bhagalpur. at present working as Lecturer/Asstt. Professor (in the Department of Philosophy) Mahadeo Singh College, Kilaghat Sarai,

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27. Dr. Ashok Kumar Pandey Son of Sri Braj Bihari Pandey Resident of Village - Meharpur, P.O.- Baraini, At & Dist.- Bhagalpur, at present working as Lecturer/Asstt. Professor (in the Department of Labour & Social Welfare) Mahadeo

28. Dr. Kala Nand Singh Son of late Matuk Nath Singh Resident of Village + P.O.- Kasba, Via - Shambhuganj, Banka, Dist.- Bhagalpur. at present working as Lecturer/Asstt. Professor (in the Department of Political Science) Mahadeo Singh

29. Dr. Manoj Kumar Mishra Son of Sri Pramod Hazari Resident of Village + P.O.- Dumaria Buzurg, P.S.- Parbatta, Dist.- Khagaria, at present working as Lecturer/Asstt. Professor (in the Department of Gandhian Thought) Mahadeo Singh

30. Dr. Parma Nand Prasad Singh Son of late Siya Sharan Singh Village + P.O.- Rehia (Lakhisarai) Dist.- Lakhisarai, at present working as Lecturer/Asstt. Professor (in the Department of Economics) Mahadeo Singh College, Kilaghat

31. Rajendra Prasad Tiwari Son of late Pashupati Nath Tiwari Resident of Mohalla - Gopi Mohan Ghosh Lane, Jogsar Burhnath Road, At & District - Bhagalpur, at present working as Lecturer/Asstt. Professor (in the Department of Ancient Indian History and Culture) Mahadeo Singh College, Kilaghat Sarai, Bhagalpur.

32. Dr. Prem Shankar Singh Son of late Sri Yamuna Prasad Singh Resident of Village + P.O.- Bahorana, At & Dist.- Banka, at present working as Lecturer/Asstt. Professor (in the Department of Economics) Mahadeo Singh College, Kilaghat

33. Ramashish Prasad Singh Son of late Shaligram Prasad Singh Resident of Village & P.O.- Maheshpur, Via - Bariyarpur, At & Dist.- Munger, at present working as Lecturer/Asstt. Professor (in the Department of Sociology) Mahadeo

34. Dr. Rama Nath Jha Son of Sri Bishwa Nath Jha Resident of Village + P.O.- Sihaul, P.S.- Panch-gachiya, Dist.- Saharsa, at present working as Lecturer/Asstt. Professor (in the Department of Maithil) Mahadeo Singh College, Kilaghat Sarai,

35. Dr. Md. Naushad Alam Son of Mansoorul Haque Resident of Village - Jabbarchak, Dheerumistry Lane, P.O.- Bhagalpureily, p.S.- Talarpur, Ward No.15, Dist.- Bhagalpur, at present working as Lecturer/Asstt. Professor (in the Department of Urdu) Mahadeo Singh College, Kilaghat Sarai, Bhagalpur.

36. Dr. Rupa Shree Jayaswal Son of late Narayan Prasad Jayswal Resident of Village Pipradih, Rajon At & District- Banka, at present working as Lecturer/Asstt. Professor (in the Department of Economics) Mahadeo Singh College, Kilaghat

37. Dr. Gyani Kumari Son of late Prama Nand Sharma resident of Naya Tola, Bhikhanpur, G.N.-12, Gyanendra Mukharjee Road, Shail Bhawan, At & Dist. Bhagalpur, at present working as Lecturer/Asstt. Professor (Head of the Department of Hindi) Mahadeo Singh College, Kilaghat Sarai, Bhagalpur.

38. Dr. Md. Mojeebur Rahman Son of late Md. Musa Kazoni Resident of Mohalla East of Kotwali Thana, Kotwali Chowek, At & District- Bhagalpur, at present working as Lecturer/Asstt. Professor (in the Department of Botany,) Mahadeo

39. Arvind Singh Son of Sri Shiv Raksha Singh resident of Vill + P.O.- Akbarpur, Via- Surajgarha, Dist. Begusarai, at present working as Lecturer/Asstt. Professor (in the Department of English) Mahadeo Singh College, Kilaghat Sarai, Bhagalpur.

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40. Kamlesh Kumar Rai Son of late Muneshwar Prasad Rai resident of Vill + P.OAwathahi, Dist- Ghazipur (U.P.), at present working as Lecturer/Asstt. Professor (in the Department of Ancient India History) Mahadeo Singh College, Kilaghat Sarai,

41. Dr. Shiv Kumar Tiwari Son of Late Datinarayan Tiwari Resident of Tiwari Bhawan, Shermari, Pirpainti, At & District - Bhagalpur, at present working as Lecturer/Asstt. Professor (in the Department of Sociology) Mahadeo Singh College,

42. Dr. (Mrs.). Vibha Singh Son of Late Gulab Singh Resident of Mohalla - Radha Rani Sinha Road, Mosakchak, Adampur, at present working as Lecturer/Asstt. Professor (in the Department of Sanskrit) Mahadeo Singh College, Kilaghat Sarai,

43. Dr. Asha Dubey Son of Sri Damodar Prasad Dubey Resident of Mohalla - Vikramsheela Colony, Near Peer Asthan, at present working as Lecturer/Asstt. Professor (in the Department of Home Science) Mahadeo Singh College, Kilaghat

44. Santoh Kumar Jha Son of Sri Awadh Kishore Jha Resident of Village + P.O. - Kadarchak, P.S. Shambhuganj, District - Banka at present working as Lecturer/Asstt. Professor (in the Department of Gandhian Thought) Mahadeo Singh

45. Md. Shabbir Ahmad son of Mahbub Ali Resident of Village - Karharia, P.O. Mahiama, P.S. Ghogha, District - Bhagalpur, at present working as Lecturer/Asstt. Professor (in the Department of Persian) Mahadeo Singh College, Kilaghat Sarai,

46. Saran Kishore Tiwary Son of Late Uday Kishore Tiwary Resident of Mohalla - Chani Prasad Lane, Jogsar, at & District - Bhagalpur, at present working as Lecturer/Asstt. Professor (in the Department of Labour and Social Welfare)

47. Dr. Ganesh Prasad Ray Son of Late Brahma Deo Roy Resident of village - Hario, P.O. + P.S. - Akbarnagar, District - Bhagalpur, (Bihar) at present working as Lecturer/Asstt. Professor (in the Department of Botany) Mahadeo Singh College,

48. Dr. Ashok Kumar Gupta Son of Late Sarjug Prasad Gupta Resident of Happy Complex, (Flat No. 1A), Ram Das Gupta Path, Laheri Tola, At & District - Bhagalpur, at present working as Lecturer/Asstt. Professor (in the Department of Commerce) Mahadeo Singh College, Kilaghat Sarai, Bhagalpur.

49. Shahin Akhtar Jawaid Ahmad Son of Md. Zobair Ansari Resident of Mohalla - Ali Buksh Lane, Ward No. - 5, P.O. Nathnagar, At & District - Bhagalpur, at present working as Lecturer Intermediate Section (in the Department of Urdu)

50. Dr. Krishna Kumar Son of Late Rameshwar Prasad Singh Resident of Mohalla - C/o Sri Nunu Lal Singh, 'Janki Villa' Farish Lane, Adampur, at & district - Bhagalpur, at present working as Lecturer Intermediate Section (in the Department of Rural Economics) Mahadeo Singh College, Kilaghat Sarai, Bhagalpur.

51. Awadhesh Kumar Roy Son of Ram Janam Singh Resident of Village - Nararyanpur Taraita, P.O. Masdi, Mushahari, P.S. - Sulanganj, District - Bhagalpur, at present working as Lecturer Intermediate Section (in the Department of Geography) Mahadeo Singh College, Kilaghat Sarai, Bhagalpur.

52. Dr. Binod Kumar Pandey Son of Sri Sarju Prasad Pandey Resident of Village + P.O.- Srinagar, P.S.- Ishipur (Barahat) Dist.- Bhagalpur, at present working as Lecturer Intermediate Section (in the Department of History) Mahadeo Singh

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53. Md. Ziyauddin Ahmad Khan Son of Md. Abul Fazal Khan Resident of Mohalla - Ghanichak, Tatarpur (Bhagalpur), At & Dist.- Bhagalpur, at present working as Lecturer Intermediate Section (in the Department of Physics) Mahadeo Singh

54. Pravin Kumar Choudhary Son of late Tapeshwari Choudhary Vill.+ P.O.- Singhia Makandpur, P.S.- Gopalpur, Dist.- Bhagalpur, at present working as Lecturer Intermediate Section (in the Department of Botany) Mahadeo Singh

55. Uma Kumari Jha Wife of Dr. Basant Kumar Jha Resident of Mohalla - Lakshmisagar Colony, Road No. 06 (A), At & Dist.- Bhagalpur, at present working as Lecturer Intermediate Section (in the Department of English) Mahadeo Singh

56. Smt. Bimla Devi Wife of late Muni Nath Jha Resident of Mohalla - Bliss Cottage, Near Amulya Seva Sadan, Raja S.N. Road, Masakchak, At & Dist.- Bhagalpur, at present working as Lecturer Intermediate Section (in the Department of Maithili) Mahadeo Singh College, Kilaghat Sarai, Bhagalpur.

57. Suresh Prasad Yadav Son of Sri Surajballi Yadav Resident of Mohalla - Kailaghat, Adampur, At & Dist.- Bhagalpur, at present working as Lecturer Intermediate Section (in the Department of History) Mahadeo Singh College,

58. Dr. Shashi Shekhar Singh Son of Sri Kritya Nand Singh Resident of Mohalla - Bhikhanpur, Gumti No. 2, Bhatt Road, At & Dist.- Bhagalpur, at present working as Lecturer Intermediate Section (in the Department of Geology) Mahadeo Singh

59. Hari Nandan Pandey Son of Sri Gopi Naath Pandey Resident of Mohalla - Indraprasth Colony, Ishakchak (Lichi Bagan), At & Dist.- Bhagalpur, at present working as Lecturer Intermediate Section (in the Department of Mathematics)

60. Ranju Kumari Daughter of Sri Chaturanand Prasad Sinha Resident Of l.C. Chatterjee Road, Mundi Chak, P.S.- Ishakchak, At & Dist.- Bhagalpur, at present working as Lecturer Intermediate Section (in the Department of Sociology)

61. Chandika Prasad Son of Shym Sunder Prasad Resident of Village - Bhalha, Road, Bikhanpur, At & Dist.- Bhagalpur, at present working as Lecturer Intermediate Section (in the Department of Labour and Social Welfare) Mahadeo

62. C.P. Azad Son of Shri Bhagwan Prasad Resident of Village - Bikhanpur Gumti No.-2, At & Dist.- Bhagalpur, at present working as Lecturer Intermediate Section (in the Department of Sociology) Mahadeo Singh College, Kilaghat Sarai, .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Maruth Nath Roy For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 21-12-2016

6/6 Heard learned counsel for the parties.

So far as the petitioners are concerned, their service have already been regularized. Follow up notification has been issued, which is dated 05.12.2016.

Counsel representing the governing body of the college submits that an advertisement had been issued earlier by them for filling up the vacancies, which are subsisting within the sanctioned strength notified by the State Government.

The governing body would be entitled to issue a fresh advertisement limited to the number of sanctioned posts authorized by the State and now remaining vacant and will not include any post which are held by the writ petitioners in terms of the notification, dated 05.12.2016.

Contempt application now stands disposed off. (Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.

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