Kedar Narayan Choudhary v. The State Of Bihar Through Its Principal Secretary, Namely Shri R. K. Mahajan, Education Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1030 of 2018 Arising out of Letters Patent Appeal No.605 of 2015 ====================================================== Kedar Narayan Choudhary Son of Late Rameshwar Choudhary, Resident of Village- Paghari, Post Office- Paghari, Police Station- Baheri, DistrictDarbhanga, Retired Office Superintendent, L.N.M. University, Darbhanga. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through Its Principal Secretary, Namely Shri R. K. Mahajan, Education Department Vikas Bhawan, Patna. 2.

The Vice Chancellor, namely Prof. Surendra Kumar Singh, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga. 3.

The Registrar, namely Shri Mustpha Kamal Ansari, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

4.

Haris Chandra Jha Son of Late Radha Kant Jha of Village- Baghat, Police Station- Manigaghhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ganesh Chandra Thakur, Advocate For the University :

Mr. Nadeem Seraj, Advocate with Ms. Binita Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH) 21-12-2022 Heard Mr. Ganesh Chandra Thakur, learned counsel for the petitioner and Mr. Nadeem Seraj along with Ms. Binita Singh, learned counsels for the L.N. Mithila University (hereinafter referred to as the 'University').

2. In view of the resolution of the Promotion Committee dated 20.11.2017 and the order of the Registrar dated 05.12.2022, the Court finds that the order dated

Patna High Court MJC No.1030 of 2018(4) dt.21-12-2022 2/2 06.09.2017 passed in L.P.A. No. 605 of 2016 has been complied with.

3. Accordingly, the petition stands disposed of. However, in view of the University unsuiting the petitioner for being promoted to the post of Assistant Registrar on the ground of his performance not being found satisfactory while working as Office Superintendent under the Controller of Examinations of the University based on the appraisal report submitted by the Officers, it shall be open to the petitioner to assail the same in accordance with law before the appropriate forum. (Ahsanuddin Amanullah, J) (Sunil Dutta Mishra, J) ashutosh/- U