The State Of Bihar v. The T. M. Bhagalpur University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1501 of 2019 In Civil Writ Jurisdiction Case No.20194 of 2016 ====================================================== 1.

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

2.

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

3.

The Director, Department of Higher Education, Govt. of Bihar, Patna. ... ... Appellants.

Versus

1.

The T. M. Bhagalpur University Bhagalpur, through its Registrar. 2.

The Vice-Chancellor, T. M. Bhagalpur University, Bhagalpur. 3.

The Pro Vice-Chancellor, T. M. Bhagalpur University, Bhagalpur. 4.

The Registrar, T. M. Bhagalpur University, Bhagalpur. 5.

The Finance Officer, T. M. Bhagalpur University, Bhagalpur. 6.

The Principal, Sabour College, Sabour, District-Bhagalpur. 7.

Mr. Avinash Kumar Thakur, S/o Subhash Chandra Thakur presently posted as Steno Typist in Sabour College, Sabour, District-Bhagalpur. 8.

Mahesh Chandra Jha, S/o Late Mahadhan Jha, Resident of Sabour, P.S.- Sabour, District-Bhagalpur, Retired from the 2nd Post (Sanctioned) of Typist of Sabour College, Sabour, Tilka Manjhi University, Bhagalpur. ... ... Respondents.

====================================================== Appearance :

For the Appellants :

Mr. Vinay Kumar Mishra (AC to AAG- 15) For the Respondents :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 29-03-2024 Learned counsel for the appellants-State is not prepared to address the matter.

2. The present L.P.A. relates back to the year 2019. There is delay of about 289 days and for condonation of such delay, Interlocutory Application No.1 of 2024 was filed in the

Patna High Court L.P.A No.1501 of 2019 dt.29-03-2024 2/2 year 2024.

3. In the present L.P.A. No.1501 of 2019, appellantsState have assailed the order dated 03.01.2019 passed in C.W.J.C. No.20194 of 2016. The learned Single Judge proceeded to allow the writ petition in the light of the reported decision of this Court in the case of Akhilanand Singh & ors. vs. The State of Bihar & ors., reported in 2018 (3) PLJR 1029. Copy of the same is not made available along with the L.P.A. Today also counsel has not provided copy of the judgment. That apart, the appellants-State have not apprised this Court how the cited decision is distinguishable in the case of the respondent-Mahesh Chandra Jha.

4. Taking note of these facts and circumstances, the present L.P.A. No.1501 of 2019 stands dismissed. Consequently, I.A. No.1 of 2024 stands disposed of. (P. B. Bajanthri, J) ( Alok Kumar Pandey, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.04.2024.

Transmission Date NA