Dr Upendra Kumar Singh v. The Jai Prakash University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.195 of 2026 ====================================================== Dr Upendra Kumar Singh Son of Late Ram Pravesh Singh, R/o villageDarveshpur, P.S. - Maner, District- Patna at present Principal of Purvottar Railway, College, Sonpur, District- Saran.

... ... Petitioner/s

Versus

1.

The Jai Prakash University through its Vice Chancellor, Saran. 2.

The Vice Chancellor, Jai Prakash University, Saran. 3.

The Registrar, Jai Prakash University, Saran. 4.

The Finance Officer, Jai Prakash University, Saran. 5.

The President Mr. Afaque Ahmad Mohalla- Dargah, Ward No. 16, P.S.- Betiya Nagar, District West Champaran.

6.

The Secretary Ad-hoc Committee, Dr. Parmendra Ranjan Singh, Principal Ganga Singh College, Chhapra, District- Saran. 7.

The Branch Manager, Punjab National Bank, Gai Bazar Branch, Sonpur, Saran.

8.

The Branch Manager, Bank of India, Gola Bazar Branch, Sonpur, Saran. 9.

Dr. Bhushan Singh, Son of Late Ram Suresh Singh, Mohalla Sahjanand Colony, Baagdulhan, Hajipur, P.S. Hajipur Town, Assistant Professor, Department of English Purvottar Railway College, Sonpur, District Saran. 10.

The Bursar, Prof. Vinay Kumar Singh, Son of Late Lalan Prasad Singh, Mohalla Near Government Bus Depot Chapra. At and P.O. - Chapra, District - Saran at present Professor in the Department of Zoology, Purvottar Railway, College, Sonpur, Saran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Upendra Kumar Singh (In Person) For the Respondent/s :

Mr.Bindhyachal Rai Mr. Chandan Kumar, Adv.

For the PNB :

Mr. Mritunjay Kumar Mr. Vibhuti Kumar, Adv.

For Respondent No.9 :

Mr. Shivendra Kumar, Adv.

Mr. Prisu Snehi, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 16-03-2026 Heard the parties.

2. The defects as pointed out by the office is ignored.

3. Learned counsel for the petitioner, learned Senior

Patna High Court CWJC No.195 of 2026(3) dt.16-03-2026 2/3 Counsel for respondent no.9, learned counsel for Jai Prakash University and learned counsel for respondent Punjab National Bank are present.

4. In the present writ application the petitioner has prayed for the grant of following reliefs:

"i. For quashing memo no. 3922 EST-I dated 17.12.2025 issued under the signature of the Registrar of Jai Prakash University by the order of the Vice Chancellor of Jai Prakash University Chapra, approving the appointment of respondent no. 9 incharge Principal of the Purvottar Railway College, Sonpur Saran as the same is not in consonance with the provision of the Bihar State University Act, 1976, against the factual matrix as admittedly the petitioner is senior to the respondent no. 9 so in service and as well is gross violation of Principle of natural justice.

ii. For holding that the petitioner being appointee as lecturer in Purvottar Railway College, Sonpur Saran on 06.01.1993 whereas respondent no. 9 is appointee as Lecturer on 07.10.2002 is Junior to the petitioner and any observation either by the Ad-hoc committee of the College or by the Vice-Chancellor of Jai Prakash University is arbitrary, malafide and with a view to make respondent no. 9 as Incharge Principal of the College though he is going to retire on 31.01.2026.

iii. For holding that the respondent no. 9 is Junior to the petitioner as he was on leave on lien for long 11 years 8 months since 2002 to 2020 which has never been approved by the Governing Body/Ad-hoc committee of the College and as per the provision of Bihar State

Patna High Court CWJC No.195 of 2026(3) dt.16-03-2026 3/3 University Act, 1976 leave on lien is not permissible for a period of more than 5 years.

iv. For any other relief (s) for which the petitioner may be found entitled to in the fact of the case as well the legal aspects involve in the case."

5. It is brought to the notice of this Court that during the pendency of the writ application the respondent no.9 has already retired on 31.01.2026 and is said to have handed over the charge to respondent no.10.

6. Learned counsel appearing for the petitioner submits that in view of the retirement of respondent no.9 on 31.01.2026, this writ application has become infructuous, and therefore, he submits for withdrawing the same with liberty to challenge the handing over of charge to respondent no.10.

7. As prayed for, this writ application is dismissed as withdrawn on account of having become infructuous granting liberty to the petitioner to challenge the handing over of charge to respondent no.10.

(Alok Kumar Sinha, J) Prakash Narayan U