Dr. Jai Narayan Mandal And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14849 of 2017 ====================================================== 1.
Dr. Jai Narayan Mandal and Ors Son of Late Ram Sunder Mandal, Working as Principal G.L.M. College, Banmankhi, P.S.- Banmankhi, Dis 2.
Dr. Prakash Chandra Khan, Son of Late Hare Krishna Khan, Residing at Ward No.05, Laxminath Nagar, Bangaon Road, P.O.P.S.District- Saharsa, at present working as Principal, R.M. College, Saharsa, P.S. and District- Saharsa. 3.
Dr. T.V. R.K. Rao, Son of Late Jagannadham, at present Principal, Marwari College, Kisanganj, P.S. and District- Kisanganj. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Director, Higher Education, Govt. of Bihar, New Secretariat, Patna. 3.
The Governor Secretariat, Raj Bhawan, Patna through its Principal Secretary. 4.
Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura through its Vice Chancellor.
5.
The Registrar, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Bihari Singh, Advocate For the Respondent/s :
Mr. Kameshwar Kumar-GP17 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-02-2024
1. The petitioners have filed the instant application for the following reliefs:
"1. That the present writ petition is prefer against the order under Memo No. GS (225/06)-1157/17 dated 23.09.2017, Memo No. G.S. (45/EST/94)- 1159/17 dated 23.09.2017 and Memo No. GS 157/97)-1158/17 dated 23.09.2017 issued under authority of Registrar, Bhupendra Narayan Mandal University Laloo Nagar Madhepura where referring the communication issued by Education Department under letter no. 1703 dated 20.09.2017 and University notification under Memo No. 1156/17 dated
Patna High Court CWJC No.14849 of 2017(05) dt.08-02-2024 2/2 23.09.2017 were allowed to superannuate from service retrospectively with effect from 18th May, 2017 and consequently directed to hand over charge of college to senior most Professor / teachers of concern college Dr. Ram Ballabh Jha, Sri A.K. Ram and Dr.
Surendra Ramanand without proper consideration to facts, law and without providing adequate opportunity of hearing to defend their claim demonstrating the bonafide claim that the letters refer in order under challenge in writ petition are not applicable in case and additionally in terms of judicial order on point of service disputes against the advertisement and appointment against the post of the Principal of the College and interim order any order adversely affects their right cannot be passed without leave of Hon'ble High Court or without observing requirement of natural justice as it is basic and elementary law and the subsequent prayer is for restoration of his service against their post with continuous service and benefit till the date of superannuation after attaining upper age limit and for other necessary relief/reliefs to the basis of facts and circumstances of case enumerated and stated hereinafter."
2. Learned counsel for the petitioners submits that the grievance of the petitioners having been redressed, he seeks permission to withdraw this application.
3. In view of the above, this application is dismissed as withdrawn.
(Partha Sarthy, J) Bibhash U