Jaikrishna Jha v. Lalit Narayan Mithila University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19759 of 2012 ====================================================== Jaikrishna Jha S/O Shree Fakir Jha R/O Village- Damodarpur, P.S.- Benipatti, District- Madhubani ... ... Petitioner/s

Versus

1.

Lalit Narayan Mithila University Darbhanga through its Vice-Chancellor. 2.

Vice-Chancellor Lalit Narayan Mithila University, Darbhanga 3.

Registrar, Lalit Narayan Mithila University, Darbhanga 4.

Dhirendra Kaushal, Lab In-Charge, Deparatment Of Chemistry Null Class Iii Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 5.

Smt. Poonam Kumari, Lab In-Charge, Department Of Zoology Null Class Iii Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 6.

Shri Krishna Kumar Paswan, Lab In-Charge, Department Of Psychology Null Class Iii Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 7.

Shri Vikash Kumar, Lab In-Charge, Department Of Geography Null Class Iii Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 8.

Shri Abhishek Kumar, Sorter In Library Class Iii Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 9.

Shri Narayanji Jha, Steno Class Iii Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 10.

Shri Brij Bihari, Artist Class Iii Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 12.

Shri Bidhveshwar Jha, Orderly Class Iv Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 13.

Shri Indradeo Jha, Night Guard Class Iv Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 14.

Shri Lalit Kumar Choudhary, Orderly In The Department Of Physics Class Iv Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 15.

Shri Shankar Kamat, Orderly Class Iv Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 16.

Shri Jeevachh Yadav, Orderly Class Iv Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 17.

Shri Amarnath Chaudhary, Orderly Class Iv Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 19.

Shri Ramchandra Marar, Peon Class Iv Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 20.

Shri Chhabendra Jha, Orderly Class Iv Employee, Posted In Kalidas

2/4 Vidyapati Science College, Uchchaith, Benipatti, Madhubani 21.

Shri Bisran Jha, Orderly Class Iv Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 22.

Shri Madan Kumar Madhup, Night Guard Class Iv Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 23.

Shri Ram Udgar Singh, Laboratory Boy Class Iv Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 24.

Shri Pradeep Paswan, Laboratory Boy Class Iv Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 25.

Shri Madhav Kumar Jha, Namuna Sangrahak Class Iv Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 26.

Shri Bhishan Kamat, Orderly Class Iv Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 27.

Shri Kulesh Kumar Jha, Peon Class Iv Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 28.

Shri Raghvendra Pathak, Orderly Class Iv Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani 29.

Shri Shailendra Kumar Singh, Orderly Class Iv Employee, Posted In Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baidya Nath Thakur, Adv Mr. Kaushik Deo, Adv Mr. Mrigank Shekhar, Adv For the Respondent/s :

Mr.Ajay Behari Sinha, Adv Mr. Virendra Pd. Singh, Adv For the University :

Mrs. Binita Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 20-01-2026 Heard learned counsel for the petitioner, learned counsel for the respondent-university and learned counsel for the private respondent.

2. In the present writ application, the petitioner has prayed for the grant of following reliefs:

"(i) For quashing the official order issued by the respondent no.3 on the

3/4 order of respondent no.2 whereby 8 persons on different posts of Class III and 16 persons on Class IV in Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani (hereinafter for brevity referred to as the K.V.S. College, Madhubani) have been appointed under Advertisement no.218083/02 in complete violation of selection process as well as Articles 14 and 16 of the Constitution of India.

Further a writ of 'Mandamus' be issued:- (ii) For direction to the respondent no.2 to hold selection process afresh under Advertisement and no.2180-83/02 and appoint eligible successful candidates on Class III and IV posts in K. V. S. College, Madhubani.

(iii) The petitioner further prays for issuance of any other appropriate writ/writs, order/orders direction/ directions and relief/reliefs which he is entitled to in the facts and circumstances of the case."

3. Learned counsel for the petitioner very fairly submits that during the pendency of the writ application, the petitioners have crossed the age of superannuation and, therefore, the relief claimed for in the present writ application,

4/4 cannot be extended to the them even if the writ application is allowed quashing the selection process.

4. In such view of the matter, learned counsel for the petitioner submits that he may be permitted to withdraw this writ application with liberty to pursue before the appropriate forum for seeking compensation or any other relief which the petitioner may be entitled to in law.

5. As prayed for, the present writ application is dismissed as withdrawn with liberty as aforesaid. (Alok Kumar Sinha, J) kiran/- U