Akhileshwar Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20532 of 2025 ====================================================== 1.

Akhileshwar Kumar Pathak Son of Late Shri Shyamji Pathak, Resident of Village- Waina, via- Kesath, P.S.- Nawanagar, District- Buxar. 2.

Kamalesh Kumar Tiwary Son of Late Prahalad Tiwary, Resident of VillageDalsagar, P.S.- Buxar Industrial, District- Buxar. 3.

Ganeshjee Pandey Son of Gaurishankar Pandey, Resident of villageSonbarsa, P.S.- Buxar Industrial Area, District- Buxar. 4.

Rajendra Tiwary, Son of Suresh Tiwary, Resident of Village- Tiwaripur, P.S.- Buxar Industrial, District- Buxar.

5.

Uma Shankar Dubey, Son of Late Surya Kumar Dubey, Resident of VillageTetarahar, P.O. and P.S- Sikraul, District- Buxar. ... ... Petitioners

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Bihar, Patna.

3.

The Deputy Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Bihar, Patna.

4.

The Director-in-Chief Ayurveda/Desichiktsa, Govt. of Bihar, Patna New Secretariat, Patna.

5.

The Director Desi Chiktsa Department of Health, Govt. of Bihar, Patna New Secretariat, Patna.

6.

The Principal, Government Dhanwantari Ayurvedic College, Ahirauli at Buxar.

7.

The Vice Chancellor, B.R. Ambedkar University, Muzaffarpur. 8.

The Registrar, B.R. Ambedkar University, Muzaffarpur. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Upadhyay, Advocate For the Respondent/s :

Mr. Sunil Kumar Mandal, SC-3 :

Mr. Bipin Kumar, AC to SC-3 For University :

Mr. Sriram Krishna, Advocate :

Mr. Shashank Shekhar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 22-12-2025 Heard learned counsel for the petitioners, learned counsel for the Respondent-University and learned counsel for

2/5 the Respondent-State.

2. With the consent of all the parties, this writ application is being disposed of at the present stage itself.

3. The petitioners in the present writ application have prayed for the grant of following reliefs:- i.) For issuance of a writ in the nature of mandamus directing and commanding the respondents to absorb/regularise the service of petitioners on the posts of Laboratory Technician in Government Shri Dhanvantri Ayurvedic Mahavidyalay and Chikitsalay, w.ef 01.06.1996 Ahirauli, Buxar with all legal and consequential A benefits in view of observation made by Hon'ble Supreme Court of India in Civil Appeal No. (S) 2943/2022 and by Hon'ble High Court Patna in C.W.J.C. No. 1983/2001 as the petitioners having requisite qualifications (I.Sc/B.Sc) was appointed on the post of Laboratory Technician in Shri Dhanvantari Ayurvedic Mahavidyalay and Chikitsalay, Ahirauli, Buxar on 01.02.1982, 01.07.1982, 02.01.1982, 22.07.1982 and 01.02.1982 respectively by the competent authority of the college and accordingly they have joined on their

3/5 post and started performing duty on their posts satisfactorily to all concerned authorities.

ii.) For the direction upon the respondent to disposal the representation of the petitioners by way legal notice ish dated 29.12.2022 which was sent to the Secretory cumCommissioner, Health Department, Government of Bihar, Patna and the Director in Chief (Ayurveda /Desichikitsa) Govt. of Bihar, Patna through speed post on 02.01.2023 which is still pending for consideration.

iii.) For further for issuance of any other writ/writs/order/orders/relief/relies for which the petitioners are found to be entitled in the facts and circumstances of the case.

4. Learned counsel for the petitioners submits that for seeking the reliefs as claimed for in the present writ application, the petitioners are prepared to file a detailed representation before the Registrar, B.R. Ambedkar University, Muzaffarpur (Respondent No. 8) and further prays that if such a representation is filed, an appropriate direction be issued to the Registrar, B.R. Ambedkar University, Muzaffarpur (Respondent No. 8) to dispose of the representation of the petitioners within a fixed time frame, after giving an opportunity of hearing to the

4/5 petitioners.

5. To this prayer being made by the learned counsel for the petitioners, learned counsel for the Respondents do not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioners, this writ application is disposed of granting liberty to the petitioners to file a detailed representation before the Registrar, B.R. Ambedkar University, Muzaffarpur (Respondent No. 8) within a period of one month from the date of this order and if such representations are received within the time stipulated, the Registrar, B.R. Ambedkar University, Muzaffarpur (Respondent No. 8) is directed to dispose of the same within six months from the date of receipt of the representations along with a copy of this order on merit after giving an opportunity of hearing to the petitioners. Needless to emphasize that the final order which shall be passed by the Registrar, B.R. Ambedkar University, Muzaffarpur (Respondent No. 8) should be a reasoned and speaking order.

7. With the aforesaid observation and direction,

5/5 this writ application is disposed of. Pending Interlocutory Applications, if any, will stand disposed of. (Alok Kumar Sinha, J) Gaurav Sinha/- U