Dr. Kiran Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.904 of 2026 ====================================================== Dr. Kiran Jha Wife of Arvind Kumar Jha, resident of Savitri Sadan, Shankar Nagar, Club Road, P.O.- Ramna, P.S. - Mithanpura, District- Muzaffarpur, Pin Code- 842002.

... ... Petitioner/s

Versus

1.

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

2.

Director, Higher Education, Education Department, Bihar, Patna. 3.

B.R. Ambedkar Bihar University, Muzaffarpur through its Registrar. 4.

Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur. 5.

Registrar, B.R. Ambedkar Bihar University, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinav Srivastava, Sr. Advocate Mr. Raushan, Advocate Mr. Pushkar Bhardwaj, Advocate Ms. Shreyashi Raj, Advocate For B.R.A.B.U.

:

Mr. Bindhyachal Rai, Advocate For the Respondent/s :

Mr.Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 22-01-2026 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the respondent-State and learned counsel appearing on behalf of the respondent-University.

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

3. The petitioner has prayed for grant of following relief :- (i) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the B.R. Ambedkar Bihar University, Muzaffarpur (hereinafter

2/4 referred to as "the University") to take steps towards making correction in the date of promotion granted to the petitioner in rank of Professor in Philosophy in the services of the University by making the said promotion effective from 27/07/2011 in place of 28/06/2020: (ii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the University to take steps towards extending all the consequential benefits, including revision and fixation of salary and also payment of arrears of difference of arrears that the petitioner would become entitled to upon grant of promotion in the rank of Professor in Philosophy in the services of the University w.e.f. 27/07/2011 in place of 28/06/2020 along with penal interest on account of the loss that the petitioner has been subjected to on account of inaction on the part of the University in making necessary correction in the date w.e.f. from which the petitioner is to be granted promotion in the rank of Professor;

(iii) Any other relief/reliefs that the petitioner may be found to be entitled to in the facts and circumstances of the present case.

4. After advancing some argument, learned counsel for the petitioner submits that for the aforesaid relief claimed in the present writ application, the petitioner has already filed a representation dated 18.09.2024 (Annexure-P/15) before the Vice-Chancellor of the respondent University and the same continues to be pending. He accordingly prays that the petitioner would be satisfied if an appropriate direction could be issued to the Vice-Chancellor of the respondent-University by this Court for disposing of the pending representation of the petitioner after giving an opportunity of hearing to the petitioner

3/4 within a fixed time frame.

5. To the aforesaid submissions made by learned counsel for the petitioner, learned counsel appearing on behalf of the respondent-State and respondent-University do not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application stands disposed of directing the Vice-Chancellor of the respondent University to dispose of the pending representation dated 18.09.2024 (Annexure-P/15) of the petitioner within three months from the date of receipt / production of a copy of this order after giving an opportunity of hearing to the petitioner.

7. Needless to emphasize that the final order which shall be passed by the Vice-Chancellor of the respondent University should be reasoned and speaking order.

8. It is further made clear that in case the petitioner is found entitled to the relief which the petitioner has claimed through the representation then the same may be extended to the petitioner within a further period of one months from the date of final order passed by the Vice-Chancellor of the respondent University .

9. With the aforesaid observation/direction and liberty

4/4 granted, the present writ application stands disposed of.

10. All pending I.A.s, if any, is deemed to have been disposed of.

(Alok Kumar Sinha, J) sanjeev/- U