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Patna High CourtCWJC/16138/2019disposed

Madan Kumar Yadav v. The State Of Bihar

2024-01-04Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16138 of 2019 ====================================================== Madan Kumar Yadav Son of not Known Resident of Ward no 06, Jai Prakash Nagar, P.S. and District-Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Government of Bihar Patna. 2.

Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

3.

Director, Higher education, Government of BIhar, Patna. 4.

B.N. Mandal University, Laloo Nagar Madhepura through its Registrar. 5.

Vice Chancellor, B.N. Mandal University, Laloo Nagar Madhepura. 6.

Registrar, B.N. Mandal University, Laloo Nagar Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binodanand Mishra, Advocate For the Respondent/s :

Smt. Binita Singh (SC 28) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-01-2024 1.

Heard learned counsel for the parties concerned. 2.

Learned counsel for the petitioner submits that the case of the petitioner is fully covered by a judgment dated 17.07.2018, rendered by this Court in C.W.J.C. no. 17670 of 2017 (reported in 2018(3) PLJR 1029).

3.

Learned counsel for the University, by referring to paragraph no. 11 of the counter affidavit, submits that it is true that the case of the petitioner is covered by the aforesaid judgment of this Court but in that case, L.P.A. no. 1556 of 2018 has been preferred before the Hon'ble Patna High Court and it would not be proper to take decision in this case, by the

Patna High Court CWJC No.16138 of 2019(3) dt.04-01-2024 2/2 University during pendency of the said Letters Patent Appeal. 4.

In reply, learned counsel for the petitioner submits that L.P.A. no. 1556 of 2018, preferred by the State, has been dismissed by this Court vide order dated 26.09.2022. 5.

In view of the aforesaid submissions made by the learned counsel for the University and the fact that the said Letters Patent Appeal has already been dismissed, the respondent- University is directed to take a decision in respect of the petitioner, within a period of two months from today. 6.

The present writ application stands disposed off on the aforesaid terms.

(Anil Kumar Sinha, J) rinkee/- U