Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19068 of 2019 ====================================================== 1.

Sanjay Kumar son of Late Ranbir Singh resident of Maa Savita Complex, Mirzapur Nohta, Fatuha, P.S. Fatuha, District- Patna, Pin Code-803201. 2.

Ashutosh Kumar son of Ramakant Singh resident of Mandal Tola, Morsanda, Morsanda Falka Katihar, P.S. Falkha, District- Katihar, Pin Code854108. ... ... Petitioner/s

Versus

1.

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

2.

Director, Higher Education, Bihar, Patna.

3.

Chancellor of Universities of Bihar, Raj Bhawan, Patna. 4.

Patna University, Patna through its Registrar. 5.

Vice Chancellor, Patna University, Patna.

6.

Registrar, Patna University, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinav Srivastava, Advocate Mr. Raushan, Advocate Mr. Ujjawal Bhushan, Advocate For the Respondent/s :

Mrs. Shilpa Singh, GA-12 Mr. Rajendra Kumar Giri, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 25-07-2022 Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s):-

2/6

3/6 After the matter was heard for some time, learned counsel for the petitioners, under instruction, states that petitioners shall be content if a direction is issued to the respondent no. 3 Chancellor of Universities of Bihar, Raj

4/6 Bhawan, Patna, through its Principal Secretary to consider and decide the representation which the petitioners shall be filing within a period of four weeks from today for redressal of the grievance(s).

Learned counsel for the respondents states that if such a representation is filed by the petitioners, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of four months from the date of its filing along with a copy of this order. Statement accepted and taken on record.

As such, petition stands disposed of on the following terms:- (a) Petitioners shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the grievance(s); (b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of four months from the date of its filing along with a copy of this order;

(c) The order assigning reasons shall be communicated to the petitioner;

5/6 (d) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties;

(e) Also, opportunity to place on record all relevant materials/documents shall be granted to the parties; (f) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(g) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (h) Liberty reserved to the petitioner to approach the appropriate forum/Court, should the need so arise subsequently on the same and subsequent cause of action;

(i) We have not expressed any opinion on merits. All issues are left open;

The petition stands disposed of in the aforesaid terms.

6/6 Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) ranjan/- AFR/NAFR CAV DATE Uploading Date Transmission Date