Shashi Shekhar Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2294 of 2018 ====================================================== Shashi Shekhar Mishra Son of Sri Jatadhari Mishra, Resident of VillageGopalpur, P.O.- - Pindrauch, P.S.- Kamtaul, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The Secretary, Department of Higher Education, Government of Bihar, Patna.

3.

The Director, Higher Education, Government of Bihar, Patna. 4.

The Hon'ble Chancellor, Governor Secretariat, Bihar, Patna. 5.

The Officer on Special Duty, Governor Secretariat, Bihar, Patna. 6.

The Vice Chancellor, Kameshwar Singh Sanskrit University, Bihar, Darbhanga.

7.

The Registrar, Kameshwar Singh Sanskrit University, Bihar, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Singh For the Respondent/s :

Mr.Smt.Shilpa Singh -Ga12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-09-2019 Heard learned counsel for the petitioner as well as learned counsel for the State and counsel appearing on behalf of the University.

From material available on the record, the Hon'ble Chancellor vide order dated 08.11.2003 has issued direction to the University to consider the case of the petitioner for promotion or otherwise to consider his case for class -III post in the University.

Since, the Chancellor has not issued a specific

Patna High Court CWJC No.2294 of 2018(4) dt.16-09-2019 2/2 direction for appointment of the petitioner on Class-III post but the observation of the Hon'ble Chancellor deserve due attention and the officers of the University cannot treat the direction of the Hon'ble Chancellor as useless and through it in waste paper basket. The direction of the Hon'ble Chancellor is dated 08.11.2003 approximately 16 long years back, no action was taken by the respondents.

Considering the facts and circumstance of the case, the court directs the University to take appropriate decision with regard to the petitioner claim and if any one during the last 16 years has been granted promotion from class IV to class III the University is required to consider the case of the petitioner in the light of the direction of the Hon'ble Chancellor. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) T.Kr./- U