Manoj Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1178 of 2023 In Civil Writ Jurisdiction Case No.324 of 2023 ====================================================== Manoj Kumar Sharma, Son of Lakhan Prasad Sharma, resident of MohallaBudha Colony, Ward No. 16, P.O. + P.S. - Banka, District - Banka, Bihar, 813102.
... ... Appellant/s
Versus
1.
The State of Bihar 2.
The Principal Secretary, Education Department, Government of Bihar, Patna.
3.
The Director, Higher Education, Government of Bihar, Patna. 4.
The Bihar State University Service Commission, Patna through its Secretary. 5.
The Chariman, Bihar State University Service Commission, Patna, Bihar. 6.
The Secretary, Bihar State University Service Commission, Patna, Bihar. 7.
The Tilkamanjhi University Bhagalpur, through its Registrar. 8.
The Vice-Chancellor, Tilkamanjhi University, Bhagalpur. 9.
The Registrar, Tilkamanjhi University, Bhagalpur. 10.
Kamal Kishore Mandal, Son of Gopal Mandal, At present posted as Assistant Professor, P.G. Department of Ambedkar Thought and Social Work, T.M.B.U. Bhagalpur, Post Office - T.N.B. College, Police Station - Tatarpur, District - Bhagalpur, Pin Code - 812007. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Abhinav Srivastava, Advocate For the Respondent/s :
Mr. Sarvesh Kumar Singh (AAG- 13) Mr. Harsh Singh, Advocate Mr. Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 20-02-2025 Re: I.A. No. 01 of 2023 I.A. No. 01 of 2023 has been filed for condoning
Patna High Court L.P.A No.1178 of 2023 dt.20-02-2025 2/3 the delay of 230 days in preferring this appeal.
2. For the reasons stated in the I.A. No. 01 of 2023, the delay of 230 days in preferring this appeal is condoned.
3. I.A. No. 01 of 2023 stands allowed.
Re: L.P.A. No. 1178 of 2023
4. The Respondent No. 10, who was a Class-IV employee in the University, acquired the degrees of M.A. and Ph.D. in Ambedkar Thought and Social Work, while remaining in service. The acquisition of such degrees enabled him to apply for being considered and was appointed as Assistant Professor in the subject in the University. He was appointed after a proper procedure followed by the University and the Service Commission.
5. The appellant challenged the appointment on the ground that there was no prior permission taken by Respondent No. 10 for pursuing higher studies as he was a Class-IV employee.
6. The learned Single Judge, on not finding any
Patna High Court L.P.A No.1178 of 2023 dt.20-02-2025 3/3 requirement for obtaining permission before acquiring higher degree, dismissed the petition and also imposed cost.
7. We are also of the same view, but considering background facts, we are of the view that it would only be appropriate to waive the cost imposed on the appellant.
8. We order accordingly.
9. With the aforenoted modification in the order passed by the learned Single Judge, the appeal is dismissed.
(Ashutosh Kumar, ACJ) (Partha Sarthy, J) P.K.P./Anushka AFR/NAFR CAV DATE Uploading Date 20.02.2025 Transmission Date