Sanjay Kumar Mandal v. Tilka Manjhi Bhagalpur University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.863 of 2019 In Civil Writ Jurisdiction Case No.24712 of 2013 ====================================================== Sanjay Kumar Mandal, S/o Sri Shyam Prasad Mandal, Resident of Village - Laskari, P.S. - Banka, District - Banka.

... ... Appellant.

Versus

1.

Tilka Manjhi Bhagalpur University through its Registrar namely Tahir Hassan Vasi.

2.

Vice-Chancellor, Tilkamanjhi Bhagalpur University, Bhagalpur Namely Nilambuj Verma.

3.

P.B.S. Collage, Banka through its Principal Namely Kaushal Kumar Singh, District-Banka.

4.

Sanjay Kumar Pandit, S/o Baleshwar Pandit, Gopaniya Shakha, Examination Department Tilkamanjhi Bhagalpur University, R/o Vill.- Jagannath Singh Lane Sarag Nayabazar,PS Kotwali, Dist.Bhagalpur. ... ... Respondents.

====================================================== Appearance :

For the Appellant :

Mr. Vibhakar Kumar, Advpcate.

For the TMBU :

Mr. Ashhar Mustafa, Advocate.

Mr. Ashish Kumar Ranjan, Advocate.

Ms. Anita Kumari, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 30-08-2024 Appellant has assailed the order of the learned Single Judge dated 27.06.2019 passed in C.W.J.C. No.24712 of 2013.

2. In the writ petition (C.W.J.C. No.24712 of 2013), appellant/petitioner, inadvertently, sought for a direction to appoint him to the post of a Clerk instead of Peon. The same has not been rectified. Be that as it may, the learned Single

Patna High Court L.P.A No.863 of 2019 dt.30-08-2024 2/2 Judge, after perusal of the records, has drawn inference that the appellant has hardly worked for about 11 months and that too, on contract basis. Therefore, he is not entitled to seek a direction for appointment to the post of Peon. It was also recorded that pursuant to the advertisement to fill-up the post of Peon, the appellant was one of the candidate and he was unsuccessful. In this backdrop, the appellant has not made out a case so as to interfere with the order of the learned Single Judge dated 27.06.2019 passed in C.W.J.C. No.24712 of 2013.

3. Accordingly, the present L.P.A. stands dismissed. (P. B. Bajanthri, J) ( Alok Kumar Pandey, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.08.2024.

Transmission Date NA