Ajoy Kumar Sinha @ Ajay Kumar Sinha v. Baba Saheb Bhimrao Ambedkar Bihar University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20018 of 2025 ====================================================== Ajoy Kumar Sinha @ Ajay Kumar Sinha Son of Rajnandan Prasad, Resident of Ward No. 26, Near M.P.S School, Chandmari, P.S.-Motihari Town, District East Champaran.

... ... Petitioner/s

Versus

1.

Baba Saheb Bhimrao Ambedkar Bihar University Muzaffarpur through its Registrar.

2.

The Vice Chancellor, Baba Saheb Bhimrao Ambedkar Bihar University, Muzaffarpur.

3.

The Registrar, Baba Saheb Bhimrao Ambedkar Bihar University, Muzaffarpur.

4.

The State of Bihar, through the Additional Chief Secretary, Department of Education, Government of Bihar, Patna 5.

The Principal Secretary (Higher Education), Department of Education, Government of Bihar, Patna 6.

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

7.

T.P. Verma College, Narkatiyaganj, West Champaran through the Secretary of its Governing Body.

8.

The Principal, T.P. Verma College, Narkatiyaganj, West Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar, Adv For the State :

Mr.Advocate General For the BRABU :

Mr. Bindhyachal Rai, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 11-12-2025 Heard learned counsel for the petitioner, learned counsel for the University and learned counsel for the respondent-State.

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

3. In the present writ application, the petitioner has

2/4 prayed for the grant of following reliefs:

"(i) For issuance of an appropriate Writ in the nature of Mandamus commanding the Respondent University to forthwith issue the notification of Promotion in favor of the Petitioner to the post of Reader, in accordance with the decision as taken by the Syndicate of the University in its meeting dated 09.11.2023, as the Selection Committee, duly constituted for the said purpose, has already recommended the name of the Petitioner for Promotion to the post of Reader on 20.09.2016.

(ii) For issuance of an appropriate Writ in the nature of Mandamus commanding the Respondents immediately release the necessary funds for payment of all admissible arrears of salary, notional increments, and other retiral benefits to the Petitioner, and all other consequential benefits which he would have been entitled to receive, had the promotion notification in his favour would have been issued in a timely manner.

(iii) For issuance of any other relief/s for which the Petitioner is entitled in the eye of law and in the facts and circumstances of the case."

4. After advancing some argument, learned counsel

3/4 for the petitioner submits that for the reliefs claimed for in the present writ application, the petitioner is prepared to file a detailed representation before the Registrar, Baba Saheb Bhimrao Ambedkar Bihar University, Muzaffarpur within one month from today. Learned counsel for the petitioner further prays that if such a representation is filed within the stipulated time then an appropriate direction be issued to the Registrar, Baba Saheb Bhimrao Ambedkar Bihar University, Muzaffarpur to dispose of the representation filed by the petitioner on merit within a fixed time frame, after giving an opportunity of hearing to the petitioner.

5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for respondent-University and respondent-State do not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file a detailed representation before the Registrar, Baba Saheb Bhimrao Ambedkar Bihar University, Muzaffarpur within one month from today and if such a representation is filed within the stipulated time then the Registrar, Baba Saheb Bhimrao

4/4 Ambedkar Bihar University, Muzaffarpur is directed to dispose of the same on merit within a further period of three months from the date of receipt of the representation, after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order which shall be passed by the Registrar, Baba Saheb Bhimrao Ambedkar Bihar University, Muzaffarpur should be a reasoned and speaking order. It is made clear that if the petitioner is found entitled to the relief as claimed by him, the same should be extended to the petitioner within a further period of three months from the date of passing of the final order.

7. With the aforesaid observation/direction and liberty granted, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J) kiran/- U