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Patna High CourtMJC/4368/2016disposed

Ramanand Singh v. The State Of Bihar Through Anjani Kumar Singh, Chief Secretary, Govt. Of Bihar, Patna And ORS

2019-11-21Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4368 of 2016 Arising out of Civil Writ Jurisdiction Case No.1150 of 2016 ====================================================== Ramanand Singh, S/o Late Mahadeo Singh, N.H. 28, West of Sheo Mandir, Near Dinkar Dwar Khabra, P.S. Sadar, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Anjani Kumar Singh, Chief Secretary, Government of Bihar, Patna.

2.

R.K. Mahajan, Principal Secretary (Education), Human Resource Development Department, Government of Bihar, Patna. 3.

Jitendra Srivastav, Secretary, Education, Government of Bihar, Patna. 4.

Khalid Mirza, Director, Higher Education, Government of Bihar, Patna. 5.

Rahul Singh, Secretary, Finance Government of Bihar, Patna. 6.

Dr. Pandit Palande, Vice Chancellor, B.R.A. Bihar University, Muzaffarpur. 7.

Dr. Ratnesh Mishra, Registrar, B.R.A Bihar University, Muzaffarpur. 8.

Sri Raj Narain Sinha, Finance Officer, B.R.A. Bihar University. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Parasmani, Advocate For the University : Mr. Sandeep Kumar and Mr. Vikas Ratan Bharti, Advocate For the State :

Mr. Rakesh Narayan Singh, AC to AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 21-11-2019 Heard learned counsel for the petitioner; learned AAG 15 for the State and Mr. Sandeep Kumar, learned counsel along with Mr. Vikas Ratan Bharti, learned counsel for the BRA Bihar University (hereinafter in after referred to as the 'University').

2. Pursuant to order dated 07.11.2019, the Registrar of the University is also present.

Patna High Court MJC No.4368 of 2016 dt.21-11-2019 2/3

3. The reason the Court had required the presence of the Registrar is recorded in detail in order dated 23.10.2019.

4. Today, at the very outset, the Registrar of the University tendered unconditional and unqualified apology and submitted that due to some confusion, error was committed in the action taken by him, but there was no mala fide intention and the Court may give benefit of doubt to him.

5. Learned counsel for the University also submitted that there was no intention of any wrong doing on the part of the Registrar and as of now, a fresh reasoned order has been passed on 06.11.2019.

6. Having considered the matter, the Court is inclined to accept the apology tendered by the Registrar with the observation that he is required to be careful in such matters in future.

7. Coming to the merits, as the order dated 19.05.2016 required consideration of the representation of the petitioner by the Registrar and the same having resulted in a reasoned order dated 06.11.2019, the Court finds that the order dated 19.05.2016, passed in CWJC No. 1150 of 2016, has been complied with.

8. In view thereof, the application stands disposed off.

9. Personal appearance of the Registrar also stands dispensed with.

Patna High Court MJC No.4368 of 2016 dt.21-11-2019 3/3

10. However, as it is admitted by learned counsel for the parties that the issue involved in the present case is also the subject matter in CWJC No. 5192 of 2015 and its analogous cases, which is pending consideration by a Division Bench of this Court, a categorical stand has been taken on behalf of the University that whatever is the result in the said writ applications on the issues therein, if the same is applicable and covers the case of the petitioner, the same relief shall be granted to him also. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T