Dr. Binay Kumar Singh @ Binay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14815 of 2024 ====================================================== Dr. Binay Kumar Singh @ Binay Kumar Singh Son of Late Bhuneshwar Prasad Singh, Resident of Gyan Apartment, Flat No. 106, Near Sabera Hospital, P.S. Kankarbagh, District-Patna, Bihar-800020. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

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

4.

The Patna University Ashok Rajpath, Patna, Bihar through its Registrar. 5.

The Vice-Chancellor, Patna University, Ashok Rajpath, Patna, Bihar. 6.

The Registrar, Patna University, Ashok Rajpath, Patna, Bihar. 7.

The Head of Department, Department of Statistics, Patna University, Patna, Bihar.

8.

The Principal, B.N. College, Patna University, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Srivastava, Sr. Adv.

:

Mr. Prashant Kumar, Adv.

:

Mr. Brajesh Sahay, Adv.

For the State :

Mr. Rajnish Shandilya, AC to GA11 For the Patna University :

Mr. Nadim Seraj, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Patna University.

2. The present writ petition is filed for seeking following reliefs:

i.) For issuance of an appropriate writ, order or direction in the nature of Certiorari for quashing of and setting aside the order as contained

Patna High Court CWJC No.14815 of 2024(7) dt.03-04-2025 2/3 in University Office Order No. Estb./567 dated 06.09.2024 (Annexure-P/7) issued by the Registrar, Patna University to the extent whereby the Petitioner has been directed to return to B. N. College, Patna University with immediate effect. ii.) For issuance of an appropriate order or direction for quashing and setting aside the Letter dated 09.09.2024 (Annexure-P/7) issued by the Head of Department, Department of Statistics, Patna University relieving the Petitioner from his assignments in the Department of Statistics with immediate effect in compliance of the University Office Order No. Estb./567 dated 06.09.2024.

iii.) For issuance of an appropriate order or direction for staying the operation of the Letter dated 09.09.2024 by HOD, Department of Statistics and University Office Order No. Estb./567 dated 06.09.2024 during pendency of the present writ application before this Hon'ble Court.

iv.) For issuance of any other appropriate writ/ writes, order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case.

3. As per Section 10 of the Patna University Act, the Hon'ble Chancellor is the appellate authority, but in the present writ petition Hon'ble Chancellor has not been impleaded as a party.

4. Learned senior counsel for the petitioner submits that the petitioner has already filed an Appeal No. PU (Appeal)- 09/2024, before the Office of Hon'ble Chancellor, which is still pending.

5. Considering the facts aforesaid, the petitioner is directed to file an appeal before the Office of Hon'ble

Patna High Court CWJC No.14815 of 2024(7) dt.03-04-2025 3/3 Chancellor within two weeks and the Hon'ble Chancellor is requested to pass a reasoned and speaking order after affording opportunity of personal hearing or through his counsel in accordance with law within two months thereafter.

6. The University is directed to pay the salary to the petitioner.

7. With the aforesaid direction, the present writ petition stands disposed of.

(Anjani Kumar Sharan, J) anand/- U